1 2026:CGHC:22487-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1329 of 2026 Vikash Kumar Gupta S/o Sanjay Gupta Aged About 33 Years R/o Pahadi Para, Gondwara Road, Near Sai Mandir, Gudhiyari, P.S. Gudhiyari, Distt. Raipur, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur, Chhattisgarh. 2 - The Director General Of Police Police Department, New Raipur, Distt. Raipur, Chhattisgarh. 3 - Superintendent of Police Raipur, Distt. Raipur, Chhattisgarh. 4 - Station House Officer Police Station Gudhiyari, Distt. Raipur, Chhattisgarh. 5 - Sunil Kumar Pillai S/o Late Shri P.L. Pillai Aged About 45 Years R/o Lig 47, Janta Colony, Near Bharat Mata Chowk, Gudhiyari, P.S. Gudhiyari, Distt. Raipur, Chhattisgarh. ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. B.L. Sahu, Advocate For Respondent Nos.1 to 4/State : Mr. Soumya Rai, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 13.05.2026 1. Heard Mr. B.L. Sahu, learned counsel for the petitioner as well as Mr. Soumya Rai, learned Deputy Government Advocate, appearing for the State/respondent Nos. 1 to 4. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 2. The present petition has been filed by the petitioners under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with the following prayers :- “1. That, Hon’ble Court may kindly be pleased to allow the instant petition under Section 528 of BNS 2023 filed by the petitioner, in the interest of justice. 2. That, Hon’ble Court may kindly be pleased to quash the charge-sheet dated 29.03.2026 and FIR bearing No. 03 of 2026 registered on dated 04.01.2026 at Police Station Gudhiyari, District Raipur Chhattisgarh filed under Section 305(A), 317(2), 3(5) of BNS against the petitioner in the interest of justice. 3. That, Hon’ble Court may kindly be pleased to quash entire charge-sheet dated 29.03.2026 before learned Judicial Magistrate First Class, Raipur, District Raipur Chhattisgarh under Section 305(A), 317(2), 3(5) of BNS against the petitioner in the interest of justice. 4. That, Hon’ble Court may kindly be pleased to quash cognizance dated 01.04.2026 taken by the learned Judicial Magistrate First Class, Raipur District Raipur Chhattisgarh, in the interest of justice. 5. That, Hon’ble Court may kindly be pleased to quash entire criminal proceeding of Criminal Case No. 14305 of 2026 pending before the learned Judicial Magistrate First Class, Raipur, District Raipur Chhattisgarh against the petitioner, in the interest of justice. 6. That, the Hon’ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.” 3 3. Learned counsel appearing for the parties submit that the issue involved in this petition has already been considered and decided by this Court vide judgment dated 01.05.2026 in CRMP No. 1221 of 2026, whereby this Court has held as under:- “8. In view of the aforesaid facts and circumstances, particularly considering that the charge-sheet has already been filed and cognizance has been taken by the learned trial Court, and further that during the course of investigation seizure of gas cylinders has been effected in connection with the alleged offence, forming part of the material on record, this Court is not inclined to exercise its inherent jurisdiction for quashing of the impugned FIR and criminal proceedings. The submissions of the petitioner regarding false implication, absence of recovery from his possession, and multiplicity of cases involve disputed questions of fact which cannot be adjudicated at this stage and are required to be tested during trial on the basis of evidence. At this juncture, the material collected by the prosecution discloses a prima facie case against the petitioner, and therefore, no case for interference is made out. Accordingly, the present petition, being devoid of merits, deserves to be and is hereby dismissed.” They further submit that since the facts and issue involved in the present petition is identical to that of CRMP No. 1221 of 2026 and further that similarly situated petitions i.e. CRMP No. 1224 of 2026 and CRMP No. 1230 of 2026 have already been dismissed in terms of order dated 01.05.2026 passed in CRMP No. 1221 of 2026, as such, the present petition may also be dismissed in the same terms. 4 4. Having considered the rival 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 1221 of 2026 and further considering the fact that similarly situated petitions i.e. CRMP No. 1224 of 2026 and CRMP No. 1230 of 2026 have already been dismissed in terms of order dated 01.05.2026 passed in CRMP No. 1221 of 2026, this Court deems it appropriate not to take a view other than what has been taken in order dated 01.05.2026 passed in CRMP No. 1221 of 2026. 5. Accordingly, the present petition is dismissed in terms of the order dated 01.05.2026 passed in CRMP 1221 of 2026. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra