1 CGHC010190452026 2026:CGHC:29286-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1381 of 2026 Devram Sonkar S/o Late Chhoturam Sonkar Aged About 60 Years R/o Station Para, Mudliyar Colony Ward No. 7, Police Chowki-Chikhli, Police Station Kotwali, District Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Basantpur, District Rajnandgaon, Chhattisgarh. 2 - Xyz (Complainant) R/o Abc ... Respondent(s) (cause title taken from CIS) For Petitioner(s) : Mr. Gautam Khetrapal, Advocate along with Mr. Rudra Pratap Dubey, Advocate For State : Mr. Ashish Shukla, Addl. A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 13/07/2026 1. Heard Mr. Gautam Khetrapal, Advocate along with Mr. Rudra Pratap Dubey, learned counsel for the petitioner. Also heard Mr. Ashish Shukla, learned Additional Advocate General for the Respondent/ State. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.07.14 10:47:21 +0530 2 2. The present petition has been filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking the following reliefs:- “(i) Quash the impugned FIR dated 11.07.2024 bearing Crime No. 317/2024 registered at Police Station Basantpur, District Rajnandgaon (C.G.) for the offence under Section 74 of Bhartiya Nyay Sanhita, 2023 against the petitioner. (ii) Quash the impugned final report bearing Final Report No. 259/2024 dated 23.08.2024 filed by Police Station, Basantpur before the learned Judicial Magistrate First Class, Rajnandgaon (C.G.) for the offence U/s 74, 296 of BNS (Annexure P/1) against the petitioner. (iii) Quash the impugned undated cognizance order as well as charge dated 10.10.2024 and entire criminal proceedings pending against the petitioner in Criminal Case No. 4795/2024 pending against the petitioner before the learned Judicial Magistrate First Class, Rajnandgaon (C.G.) (iv) Grant any other relief (s) which this Hon'ble Court may deem fit in favour of petitioner may also be granted.” 3. The prosecution case in brief is that the petitioner is an Assistant Grade-III in the Office of the Sub-Divisional Agriculture Officer, Kaurinbhatha, alleges that respondent No. 2 fraudulently obtained compassionate appointment after the death of her father in 2014 by suppressing the fact that her mother and unmarried sister were already serving in Government service, despite the State Government's policy dated 14.06.2013 rendering her 3 ineligible for such appointment. After obtaining relevant documents through the RTI Act and lodging complaints before the competent authorities, departmental action was initiated against respondent No. 2. It is the petitioner's case that, as a counterblast to these complaints, respondent No. 2 lodged a false FIR alleging offences under Sections 74 and 296 of the Bharatiya Nyaya Sanhita, pursuant to which charges were framed against the petitioner. The petitioner contends that the criminal proceedings are malicious, instituted solely to wreak vengeance and settle personal scores arising out of his efforts to expose the alleged fraudulent compassionate appointment, and therefore seeks quashing of the impugned proceedings. 4. On 19.06.2026 when the matter was called for hearing, this Court has directed the District Magistrate, Rajnandgaon to ensure the presence of this victim before the concerned trial Court on the next date of hearing and also directed to file his personal affidavit indicating the action taken by them and in compliance of the aforesaid order, the District Magistrate, Rajnandgaon has filed his personal affidavit and the relevant paras of the affidavit is reproduce hereinbelow:- “4. That, in compliance with the aforesaid directions of this Hon'ble Court, the Superintendent of Police, Rajnandgaon instructed the Station House Officer, Police Station Basantpur, to ensure service of notice upon the victim/prosecutrix and to secure her presence before the learned Judicial Magistrate First Class, Rajnandgaon. 5. That, pursuant thereto, the Station House Officer, Police Station Basantpur, issued notice to the victim/prosecutrix requiring her appearance before the learned Trial Court. The 4 notice was duly served through her husband. Copy of the notice is filed herewith as ANNEXURE A-1. 6. That, in pursuance of the action taken by the police authorities under the supervision of the district administration, the victim/prosecutrix appeared before the learned Judicial Magistrate First Class, Rajnandgaon on 29.06.2026 in Criminal Case No. 4795/2024 arising out of Crime No. 317/2024, Police Station Basantpur. 7. That, the learned Judicial Magistrate First Class, Rajnandgaon has issued an Attendance Certificate dated 29.06.2026, certifying that the victim/prosecutrix remained present before the Trial Court on the said date. A copy of the Attendance Certificate dated 29.06.2026 is annexed herewith as ANNEXURE A-2. 8. That, the above facts clearly demonstrate that, immediately after the order dated 19.06.2026 passed by this Hon'ble Court, prompt and effective administrative measures were undertaken by the district administration in coordination with the Superintendent of Police and the concerned police authorities, resulting in securing the presence of the victim/prosecutrix before the learned Trial Court on 29.06.2026. 9. That, the deponent respectfully submits that the directions issued by this Hon'ble Court in its order dated 19.06.2026 have thus been duly complied with by the district administration. The present affidavit is being filed placing on record the compliance undertaken pursuant to the aforesaid order. 5 10. That, the statements made hereinabove are true and correct to the best of my knowledge derived from official records maintained in the ordinary course of official business and nothing material has been concealed therefrom. 11. That, the deponent respectfully assures this Hon'ble Court of strict compliance with all directions issued from time to time and reiterates his utmost respect and regard for every order and direction passed by this Hon'ble Court.” 5. From perusal of the affidavit filed by the District Magistrate, Rajnandgaon would show that, in compliance with the order dated 19.06.2026 passed by this Court, the Superintendent of Police, Rajnandgaon directed the Station House Officer, Police Station Basantpur to ensure service of notice upon the victim/prosecutrix and secure her presence before the learned Trial Court. Pursuant thereto, notice was duly served through the husband of the victim/prosecutrix and, consequently, she appeared before the learned Judicial Magistrate First Class, Rajnandgaon on 29.06.2026 in Criminal Case No. 4795/2024 arising out of Crime No. 317/2024. The Attendance Certificate dated 29.06.2026 issued by the learned Trial Court has also been placed on record. The affidavit further states that prompt administrative steps were taken by the district administration in coordination with the police authorities and that the directions issued by this Court have been duly complied with. 6. Upon perusal of the previous orders dated 15.05.2026 and 19.06.2026, as well as the compliance affidavit filed by the District Magistrate, Rajnandgaon, this Court finds that the directions issued by this Court for securing the presence of the victim/prosecutrix before the learned trial Court 6 have been duly complied with and she has been examined before the learned trial Court. 7. Accordingly, without expressing any opinion on the merits of the matter, the present petition stands disposed of. The learned trial Court is directed to proceed with the trial expeditiously and make all endeavours to conclude the same, in accordance with law, within a period of four months from the next date fixed before it, provided there is no legal impediment and the parties extend full cooperation in the proceedings. 8. No order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice sagrika