1 CGHC010277652026 2026:CGHC:34046-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2005 of 2026 1 - Raju Kumar Das S/o Shri Jugendra Chandra Das Aged About 42 Years R/o Gauri Gaura Chowk, Mahamaipara, Purani Basti, P.S. Purani Basti, District- Raipur (C.G.) 2 - Om Prakash Mahale S/o Shri Anand Mahle Aged About 43 Years R/o Village Amner, Post Chandi, Abhanpur, District- Raipur (C.G.) 3 - Vijay Kumar Gutpa S/o Shri Vimal Gupta Aged About 40 Years R/o Balsamund, Kotwali District- Raigarh (C.G.) 4 - Suvesh Anand S/o Shri Parmanand Aged About 39 Years R/o A- 07, New Purena Tikrapara, P.S. Tikrapara, District- Raipur (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through The Station House Officer, P.S. Purani Basti District - Raipur (C.G.) 2 - Mr. Satish Kumar Awasthi S/o Parmeshwar Lal Awasthi Presently Working On The Post Of Deputy Director (Agriculture) Ameenpara, Purani Basti, District- Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Abhishek Sinha, Senior Advocate assisted by Mr. Ghanshyam Patel, Advocate For Respondent No.1/State : Mr. Shaleen Singh Baghel, Government Advocate ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2026.08.06 10:20:37 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 05.08.2026 1. Heard Mr. Abhishek Sinha, learned Senior Counsel assisted by Mr. Ghanshyam Patel, learned counsel for the petitioners as well as Mr. Shaleen Singh Baghel, learned Government Advocate, appearing for the State/respondent No.1. 2. The present petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘B.N.S.S.’) with the following relief(s):- “It is therefore prayed that, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned FIR bearing Crime No. 0457/2025 dated 16.11.2025 registered at Police Station Purani Basti, District - Raipur for the offences punishable under Section 7 (2) and 7 (1) of the Chhattisgarh Essential Services Maintenance and Disruption Prevention Act, 1979, in the interest of justice.” 3. Learned Senior Counsel appearing for the petitioners submits that the impugned FIR bearing Crime No. 0457/2025 dated 16.11.2025, registered at Police Station Purani Basti, District Raipur, for the offences punishable under Sections 7(1) and 7(2) of the Chhattisgarh Essential Services Maintenance and Disruption Prevention Act, 1979, is wholly without jurisdiction and amounts to a gross abuse of the process of law. 3 He submits that the petitioners are Rural Agricultural Extension Officers serving under the Department of Agriculture and were sought to be deployed as In-charge of Paddy Procurement Centres only on account of the strike by the employees of the Co-operative Societies. It is contended that paddy procurement is not an "essential service" within the meaning of the Act, 1979 and, therefore, the provisions of the said Act are not attracted. He further submits that the order dated 14.11.2025 issued by the Deputy Secretary (Home) was neither duly published nor effectively communicated to the concerned employees before the registration of the impugned FIR, and as such, the very foundation of the prosecution is legally unsustainable. 4. Learned Senior Counsel further submits that no ingredients of the offences punishable under Sections 7(1) and 7(2) of the Act, 1979 are made out from a plain reading of the FIR. He contends that the criminal proceedings have been initiated in a mechanical and mala fide manner with the object of coercing the petitioners to discharge duties which are otherwise beyond the scope of their regular service obligations. It is further submitted that the offences alleged are admittedly bailable in nature and, therefore, continuation of the criminal proceedings despite the absence of the essential ingredients of the offences would amount to an abuse of the process of law. 5. On these grounds, it is prayed that the impugned FIR and all consequential proceedings arising therefrom be quashed in exercise of the extraordinary jurisdiction of this Court. 4 6. On the other hand, learned State counsel submits that the allegations disclosed in the impugned FIR prima facie constitute cognizable offences under the provisions of the Act, 1979 and that the investigation is at an advanced stage. It is submitted that the incident pertains to the year 2025 and the investigation is likely to be concluded shortly. It is, therefore, prayed that no interference be made at this stage in exercise of the extraordinary jurisdiction of this Court. 7. Having considered the rival submissions advanced by learned counsel for the parties and upon perusal of the material available on record, this Court is of the opinion that the impugned FIR pertains to the year 2025 and the investigation has remained pending for a considerable period. Since the offences alleged against the petitioners under Sections 7(1) and 7(2) of the Chhattisgarh Essential Services Maintenance and Disruption Prevention Act, 1979 are bailable in nature, this Court does not deem it appropriate to examine the merits of the allegations or to exercise its extraordinary jurisdiction to quash the FIR at this stage, particularly when the investigation is stated to be nearing completion. 8. Accordingly, without expressing any opinion on the merits of the case, the present petition is disposed of with a direction to the Investigating Agency to conclude the investigation and take the same to its logical conclusion, in accordance with law, as expeditiously as possible, preferably within a period of three weeks from the date of receipt of a copy of this order. 5 9. It is made clear that this Court has not expressed any opinion on the merits of the allegations and all rights and contentions of the parties are left open to be urged before the appropriate forum at the appropriate stage. 10. With the aforesaid observations/directions, instant petition stands disposed of. 11. There shall be no order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu