1 2026:CGHC:22489-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1332 of 2026 Manoj Sahu S/o Girish Sahu Aged About 26 Years R/o Village Jhalmala, Post And P.S. Seepat, District Bilaspur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh) 2 - The Director General Of Police Police Department, New Raipur, District Raipur Chhattisgarh 3 - Superintendent Of Police Bilaspur, District Bilaspur Chhattisgarh 4 - Station House Officer Police Station Seepat, District Bilaspur Chhattisgarh 5 - Satyendra Kumar Kesharwani S/o Om Prakash Kesharwani Aged About 38 Years R/o Near Mata Choura, Kududand, Police Station Civil Line, District Bilaspur Chhattisgarh ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Pawan Kumar Kashyap, Advocate For Respondents/State : Mr. Shailendra Sharma, Panel Lawyer VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.05.15 10:56:46 +0530 2 Hon'ble S hri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 13/05/2026 1. Heard learned counsel for the petitioner as well as learned counsel appearing for the State. 2. This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of FIR registered at Police Station Seepat, District Bilaspur in Crime No. 74/2026 for the offences punishable under Sections 296, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and consequential proceedings arising therefrom. 3. The petitioner has filed the present Criminal Miscellaneous Petition with the following relief: “1. That, Hon’ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioner, in the interest of justice. 2.That, Hon’ble Court may kindly be pleased to quash the impugned FIR bearing No. 74/2026 registered on dated 04.02.2026 at police station Seepat, District Bilaspur Chhattisgarh in offence under section 296, 115(2), 351(3) of B.N.S. in respect of the case of the petitioner, in the interest of justice. 3 3. That, the Hon’ble Court may kindly grant any other reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.” 4. As per the case of the prosecution, on 26.01.2026 at about 10:15 a.m., a dispute arose between the complainant and the petitioner near Simga on Bilaspur–Raipur N.H. Road in relation to a road accident, during which the petitioner allegedly abused the complainant and his family members in filthy language and assaulted the injured person by hands and legs, causing simple injuries on the face and left hand, on the basis of which FIR bearing Crime No. 74/2026 was registered at Police Station Seepat, District Bilaspur for offences punishable under Sections 296, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of false and fabricated allegations and that the FIR has been lodged with an unexplained delay of several days after the alleged incident. He further submits that the petitioner is a practicing advocate and due to previous dispute relating to demand of a mobile phone and purse connected with an earlier road accident case registered at Police Station Tilda- Nevra, the complainant has maliciously lodged the present FIR against him. It is also submitted that even if the allegations made in the FIR are taken at their face value, no offence as alleged is made out against the petitioner and continuation of the criminal proceedings 4 would amount to abuse of process of law, therefore, the impugned FIR and consequential proceedings deserve to be quashed. 6. Learned State counsel opposes the petition and submits that the FIR has been registered on the basis of specific allegations made by the complainant regarding assault and abuse by the petitioner and the matter is presently under investigation. It is further submitted that at this stage the allegations disclosed in the FIR prima facie constitute cognizable offences under Sections 296, 115(2) and 351(3) of the B.N.S. and disputed questions of fact raised by the petitioner cannot be examined in a petition filed under Section 528 of the B.N.S.S. Learned State counsel further submits that the investigation is still pending and, therefore, no case for quashment of the FIR is made out. 7. Considering the submissions advanced by learned counsel for the parties and on perusal of the case diary/FIR, this Court finds that the allegations made in the FIR prima facie disclose commission of cognizable offences against the petitioner. The offences in question are bailable in nature and the investigation is still pending. At this stage, disputed questions of fact raised by the petitioner cannot be adjudicated in exercise of inherent jurisdiction under Section 528 of the B.N.S.S. The grounds raised by the petitioner are matters of defence, which can appropriately be considered by the competent Court during the course of investigation/trial. 8. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to invoke inherent jurisdiction for quashment of the 5 impugned FIR at this stage. The investigating agency shall be free to proceed with the investigation and bring the same to its logical end in accordance with law. 9. Accordingly, the instant petition being devoid of merit deserves to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved