2026:CGHC:26470-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1678 of 2026 Shiv Kumar Kosaria S/o Late Netram Kosariya Aged About 58 Years R/o Kanwalpur, P.S. Pandiriya , District- Kabirdham (C.G.) Presently Police Station Katghora, Complex P.S. Katghora District- Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Katghora District- Korba (C.G.) 2 - Vandana Yadav W/o Shambhu Yadav Aged About 29 Years R/o Kasaniya, Police Station Katghora District- Korba (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Akhtar Hussain, Advocate For Respondent/State : Shri SS Baghel, GA --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per Ramesh Sinha, Chief Justice 30.06.2026 Heard Shri Akhtar Hussain, learned counsel for the petitioner. Also heard Shri SS Baghel, learned GA appearing for the respondent/State. 1. Present petition has been filed with the following prayer: “A. That, this Hon’ble Court may kindly be pleased to allow this petition and quash the FIR Crime no.29/2026 under Section 332(c), Digitally signed by V PADMAVATHI Date: 2026.07.03 10:54:08 +0530 Crmp 1678 of 2026 2 74 of BNS 2023, as well as entire Charge-sheet (No.22/2026) dated – 06.02.2026 filed by the Police Station-Katghora, District-Korba(CG) B. That, this Hon’ble court may kindly set-aside and quash the proceeding and cognizance dated-07.03.2026 taken by the Learned Judicial Magistrate First Class, Katghora, District-Korba (CG) in Cri.Case No.632/2026. C. That, this Hon’ble Court may kindly set-aside and quash the entire Criminal proceeding pending against the petitioners before Learned Judicial Magistrate First Class, Katghora, District-Korba (CG) in Cri.Case No.632/2026, for the alleged offence punishable under section - Section 332(c), 74 of BNS 2023 and may kindly set free the petitioner from the aforesaid allegation, in the interest of justice.” 2. Present petition has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR and Charge-sheet No.22 of 2026, registered at Police Station- Katghora, District-Korba, Chhattisgarh for the offence punishable under Sections Section 332(c), 74 of the BNS 2023. 3. Learned counsel for the petitioner vehemently argued that the petitioner, who is Police personnel, had lodged FIR-004 dated 04.01.2026 against one Shambhu Yadav, husband of the complainant herein, for the offence under Excise Act. He further submitted that on being annoyed with the said FIR, respondent-2, who is wife of the accused in the said case, had lodged the present FIR on false and frivolous allegation. Copy of the complaint has been annexed at Page-18 of the petition, on the basis of complaint made by the complainant before the SHO Katghora, District- Korba, CG, FIR has been lodged against the present petitioner for the alleged offence. Hence the impugned FIR and the consequential charge- Crmp 1678 of 2026 3 sheet deserve to be quashed in exercise of the inherent jurisdiction of this Hon'ble Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. On the other hand, learned counsel appearing for the State opposes and submitted that husband of the complainant is accused in FIR registered by the present petitioner, wherein, husband of the complainant-Shambhu Yadav has been sent to jail. Present petitioner has asked sexual favour from the complainant to release her husband from jail. Complainant has lodged prompt FIR ie on the date of incident i.e. on 18.01.2026, and the petitioner has been arrested. Thereafter, though the petitioner has been granted bail, he had been suspended from the service. Accordingly, learned counsel for the State submitted that the present petition is devoid of merit and is liable to be dismissed. 5. We have heard learned counsel for the parties, and perused the material annexed with the petition. 6. As the husband of respondent-2/complainant is being prosecuted for the offence under Sections 34(1), 34(2) and 59(a) of the Excise Act, which was initiated on the complaint received by the petitioner, who was the Investigating Officer to the said offence registered in Crime No.4 of 2026 at Police Station Khatghora, District-Korba, in which the husband of respondent-2 allegedly found in possession of country made liquor. The said FIR was registered on 04.01.2026. Presently, petitioner is challenging the FIR of Crime No.29 of 2026 registered at Police Station-Khatghora, District- Crmp 1678 of 2026 4 Korba, lodged by respondent-2 with the allegation that to get the husband of respondent-2 released from the said offence of Crime No.4 of 2026, petitioner herein asked for sexual favour from her to facilitate release of husband of respondent-2 with the allegation that on 18.01.2026, petitioner committed such offence. 7. As there are allegations and counter allegations in the matter and as the petitioner raised defence of vexatious complaint made by the complainant against him, which is to be examined by the learned trial Court and as the charge-sheet has already been filed, we do not inclined to interfere in the matter. 8. Accordingly, present petition stands dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma