1 2026:CGHC:826-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 21 of 2026 Rajesh Patel S/o Arunkant Patel, Aged About 54 Years R/o 51/1745, Hanuman Nagar, Ashwani Nagar, Near Baba Kiran Stores, Ward No. 65, Raipur, District Raipur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through P.S. Purani Basti Raipur, District Raipur C.G. 2 - Saiyad Joheb, S/o Saiyad Jahangir, Aged About 32 Years Working As Deputy Engineer Nagar Palika Nigam Raipur Zone No. 5, Eidgah Bhatha Raipur, Ps- Azad Chowk, District Raipur C.G. ... Respondent(s) For Petitioner(s) : Mr. Premshankar Yadav, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 07.01.2026 1. Heard Mr. Premshankar Yadav, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.01.08 17:40:59 +0530 2 for respondent No.1 / State. 2. We do not intent to issue notice to the respondent No.2 who is working as Deputy Engineer Nagar Palika Nigam, Raipur and proceed the matter the hear finally with the assistance of counsel for the petitioner and State counsel as the FIR pertains to the year 2021. 3. The petitioner has filed this petition with the following prayer: “a) Quash the FIR dated 19.07.2021, bearing Crime No. 188/2021 (Annexure - P/1), registered at Police Station Raipur (C.G.), for the offence Purani Basti, District punishable under Section 292 of the Chhattisgarh Municipal Corporation Act, 1956, as the same is not maintainable in the eyes of law; b) Quash the Chargesheet dated 22.11.2021, bearing Chargesheet No. 294/2021 (Annexure - P/2), filed before the learned Chief Judicial Magistrate, Raipur, District Raipur (C.G.), for the alleged offence under Section 292-C of the Chhattisgarh Municipal Corporation Act, 1956; c) Quash the Cognizance Order dated 13.01.2022 (Annexure - P/3) passed by the learned Chief Judicial Magistrate, Raipur and all consequential/subsequent proceedings arising therefrom pending before the learned Chief Judicial Magistrate, Raipur in criminal case no. 285/2022 against the petitioner in connection with the said FIR and chargesheet; d) Pass such other and further orders as may be deemed just, fit and proper in the facts and 3 circumstances of the case, in the interest of justice.” 4. The case of the prosecution is that the petitioner, being the owner of land bearing Khasra No. 1328/1 admeasuring 0.364 hectare situated at Raipur, illegally carved out and developed plots for a residential colony and sold the same without obtaining the requisite colony development permission, layout approval, colonizer licence, or following the due process prescribed under law by the Municipal Corporation, Raipur. Pursuant to a complaint/application submitted by respondent No.2, Syed Zoheb, Deputy Engineer, Municipal Corporation Zone No.5, Raipur, through reference letter dated 30.06.2021, an FIR bearing Crime No.188/2021 dated 19.07.2021 under Section 292 of the Chhattisgarh Municipal Corporation Act, 1956 was registered at Police Station Purani Basti, Raipur, whereafter the police conducted investigation, filed charge-sheet No.294/2021 dated 22.11.2021, and the learned Chief Judicial Magistrate, Raipur took cognizance on 13.01.2022 in Criminal Case No.285/2022 against the petitioner, in which proceedings are pending and charges are yet to be framed. 5. It has been pointed out by learned counsel, appearing for the petitioner as well as learned counsel appearing for the State that in an identical matter, this Bench had allowed CRMP NO. 3224 of 2025 (Ramesh Gangwani vs. State of Chhattisgarh & Another) vide order dated 04.11.2025, observing as follows : 4 “07. On 28.10.2025, this Court had directed the Municipal Commissioner, Raipur to file his personal affidavit calling upon an explanation from the respondent No. 2 as to why he being conscious of the fact that FIR could not be lodged for the offence in question except the complaint under the Act, 1956. Pursuant to the said order, the affidavit has been filed today itself alongwith a covering memo stating therein that the concerned Zone Officer and the staff had acted under the bonafide impression that Police action under the said Section could be initiated directly, without a separate complaint. 08. Mr. R.K.Gupta, learned counsel for the respondent No. 2 fairly admits that in view of this Hon'ble Court's decision in Mithlesh Jaiswal (supra) and Bhanwar Lal Parakh (supra) FIR cannot be registered for offences under Sections 292-C of the Act of 1956 and only a complaint before the competent authority or a public servant authorised under the Act, can be made. 09. In view of the above submission, the FIR dated 19.07.2021 bearing Crime No. 189/2021 registered at Police Station, Purani Basti, Raipur, for the offence punishable under Section 292 of the Act of 1956, the charge sheet dated 28.12.2021 bearing No. 307/2021 filed before the learned Judicial Magistrate First Class (for short, the JMFC), Raipur, for the offence under Section 292-C of the Act of 1956, the cognizance order dated 20.01.2022 passed by the learned JMFC, Raipur, and all consequential proceedings arising therefrom in Criminal Case No. 468/2022, stands quashed. 10. As a result, this petition stands allowed. However, the respondent No. 2 would be at liberty to take 5 recourse to law before the appropriate forum, if so advised.” They further submit that since the facts and issue involved in the present case is identical to that of CRMP No. 3224/2025, this petition may also be allowed in the same terms. 6. Having considered the submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this petition is identical to CRMP No. 3224/2025, this Court deems it appropriate not to take a view other than what has been taken in CRMP No. 3224/2025. 7. Accordingly, the present petition is allowed in terms of the order dated 04.11.2025 passed in CRMP No. 3224/2025. 8. As a result, the FIR dated 19.07.2021 bearing Crime No. 188/2021 registered at Police Station- Purani Basti, Raipur, for the offence punishable under Section 292 of the Act of 1956, the charge sheet dated 22.11.2021 bearing No. 294/2021 filed before the learned Judicial Magistrate First Class (for short, the JMFC), Raipur, for the offence under Section 292-C of the Act of 1956, the cognizance order dated 13.01.2022 passed by the learned JMFC, Raipur, and all consequential proceedings arising therefrom in Criminal Case No. 285/2022, stands quashed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Manpreet