1 2025:CGHC:42659-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1959 of 2022 Jai Prakash Ratre S/o Shri Rambharosh Ratre, aged about 43 Years R/o Ward No. 1 Sakti, Tahsil and Police Station Sakti, District : Sakti, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Home Department Mantralaya Mahanadi Bhawan, New Raipur, Chhattisgarh 2 - The Superintendent Of Police Sakti, District : Sakti, Chhattisgarh 3 - The Station House Officer Police Station Sakti, District : Sakti, Chhattisgarh ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Bharat Lal Sahu, Advocate For Respondents/State : Mr. Shashank Thakur, Dy. Adv. General and Ms. Soumya Sharma, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 22.08.2025 1. Heard Mr. Bharat Lal Sahu, learned counsel for the petitioner as well as Mr. Shashank Thakur, learned Deputy Advocate General and Ms. Soumya Sharma, learned Panel Lawyer, appearing for the State/respondents. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 2. The present petition has been filed by the petitioner under Section 482 of Code of Criminal Procedure, 1973 with the following prayers :- “(1) That, this Hon’ble Court may kindly be pleased to call the records of lodging FIR against the petitioner, at Police Station Sakti, District – Sakti (C.G.) (2) That, this Hon’ble Court may kindly be pleased to quash the impugned FIR bearing Crime No. 398/2022 registered against the petitioner under Section 34(1)(a) of Excise Act at Police Station Sakti, District – Sakti (C.G.). (3) Any other relief(s), which may be deemed fit in favour of petitioners, may also be granted.” 3. Learned counsel for the petitioner submits that the petitioner is an illiterate persona and working as a rickshaw puller and he used to drink Liquor daily as he became tired due to rickshaw pulling and on the alleged date of incident i.e. 02.11.2022 also he was at his house and was drinking liquor of 150 mg., at the same time one Police Constable, namely Kishore Sahu (685) and three other constables in civil dresses entered at his house and brought the petitioner with his liquor at the Police Station, Sakti and constable Kishore Sahu (685) taken extortion money from the poor petitioner amounting to Rs.17,000/-, which was taken as loan by the wife of the petitioner for roof molding of her small hut and also kept the petitioner in police station till the amount was not paid to the said constable and false case has been registered against the petitioner under Section 34(1)(a) of the Chhattisgarh Excise Act. 3 He further submitted that as after lapse of almost 2 years and 9 months, charge-sheet has not been submitted in the present matter and on the basis of complaint made by the petitioner against illegal extortion made by constable Kishore Sahu before Higher authorities, he was line attached on 09.11.2022 and the petitioner has also filed WP(Cr) before this Court to direct the respondent authorities to take criminal and departmental action against the constable Kishore Sahu (685) who made extortion of Rs. 17,000/- from the petitioner in the name of false allegation. Therefore, he prays for quashment of the impugned FIR. 4. On the other hand, learned State counsel opposed the aforesaid submission and submitted that in compliance of the Court’s order dated 13.08.2025, an affidavit has been filed by the Director General of Police, Chhattisgarh, Raipur today itself and it has been stated that the impugned FIR has been registered against the petitioner under Section 34(1)(a) of the Excise and he was released by the police station after furnishing bond, thereafter, charge-sheet was prepared and notice was served upon the petitioner on four occasions, but he did not appear and in the meantime, the petitioner preferred a Writ Petition (Cr) before this Court alleging that some of the police persons have robed him due to some old animosity and as such, the charge-sheet could not be filed within a period of six months and due to bar under Section 61 of the Chhattisgarh Excise Act, the charge-sheet could not be filed till date. 4 5. We have perused the impugned FIR and the materials available on record including the affidavit filed by the Director General of Police, Chhattisgarh, Raipur. 6. Considering the facts and circumstances of the case that the impugned FIR has been registered way back on 02.11.2022, but till date no charge-sheet has been filed against the petitioner after lapse of almost more than 2 years and 9 months and further considering the fact that the petitioner is poor person, who is stated to be a rickshaw puller and from perusal of FIR, prima facie, no case is made out against the petitioner and also considering the fact that action has been taken against the erring official, we are of the view that the petitioner has made out strong case for quashing of FIR. 7. Accordingly, the instant petition is allowed and the impugned FIR dated 02.11.2022 bearing Crime No. 398/2022 registered against the petitioner under Section 34(1)(a) of Excise Act at Police Station Sakti, District – Sakti (C.G.) is hereby quashed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra