1 CGHC010310822026 2026:CGHC:37081-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2109 of 2026 1 - Rahul Baghel S/o Gaukaran Baghel, At present Aged About 24 Years, R/o Minibasti Jarhabhata P.S. Civil Line District Bilaspur C.G. 2 - Amit Kumar Thakkar S/o Krishan Kumar, At present Aged About 44 Years, R/o Agyey Nagar Police Station Civil Line District Bilaspur C.G. ... Petitioners versus 1 - State of Chhattisgarh Through- P.S. Civil Line District Bilaspur C.G. 2 - Gurmeet Singh Chabbra S/o Late S.S. Chabbra, Aged About 63 Years, R/o Mitra Vihar Link Road 2, P.S. Civil Line District Bilaspur C.G. ----At Present R/o Guru Medical Store Rajeev Gandhi Chowk P.S. Civil Line District Bilaspur C.G. ... Respondents (Cause title taken from Case Information System) For Petitioners : Mr. Ashish Gangwani, Advocate For Respondent No.1/State : Mr. Sumit Singh, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 19. 08.2026 1. Heard Mr. Ashish Gangwani, learned counsel for the petitioners. Digitally signed by MOHAMMED AADIL KHAN Date: 2026.08.25 22:27:36 +0530 2 Also heard Mr. Sumit Singh, learned Deputy Govt. Advocate, appearing for the respondent No.1/State and respondent No.2 in person. 2. The petitioners have filed the present petition with the following prayer:- “A. Quash and set aside the impugned charge sheet bearing final report no. 891/2024 dated 14.12.2024 under Sections 296,351(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 filed in FIR no. 1184 of 2024 dated 03.12.2024, filed by P.S.- civil line ,District- Bilaspur (Chhattisgarh), as being illegal, arbitrary, without any legal basis and an abuse of the process of law; B. Quash and set aside the order dated 17.12.2024 passed by the learned Judicial Magistrate First Class, Bilaspur, whereby cognizance has been taken against the petitioners in the aforesaid criminal case no. 18784/2024; C. That, this Hon'ble Court may kindly be pleased to quash order dated 14.01.2025 passed by learned Judicial Magistrate First Class Bilaspur, District- Bilaspur the framing of charge vide impugned order framing Charge under Sections 296,351(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 against petitioners D. Consequently, quash all further criminal proceedings arising out of FIR No. 1184/2024 dated 03.12.2024, 3 registered at Police Station Civil Line , District Bilaspur (C.G.), including the proceedings pending in criminal case no. 18784/2024 before the learned Trial Court against the petitioners; E. Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the Petitioners, in the interest of justice. An affidavit in support of is filed herewith.” 3. The facts of the case, in brief, are that on 03.12.2024, Respondent No.2 lodged a written complaint at Police Station Civil Lines, Bilaspur, stating that he is the proprietor of a medical shop, namely, Guru Medical Store, situated at Rajiv Gandhi Chowk. It was alleged that Petitioner No.2 is running a shop, namely, Gujarat Namkeen, adjacent to the complainant’s medical shop and that Petitioner No.2 used to dump garbage in front of the complainant’s shop and also got the vehicles of his customers parked there. The complainant further alleged that he had earlier objected to such activities and had also lodged a complaint against Petitioner No.2. It was further alleged that on 03.12.2024, when the complainant again objected to such activities, Petitioner No.2 abused him in filthy language, attempted to assault him with a danda, removed the board of his shop and extended threats. On the basis of the said complaint, FIR No. 1184/2024 was registered against the petitioner No.2 and his employee for offences punishable under Sections 296, 351(2) and 3(5) of the BNS, 2023. After investigation, Charge-sheet No. 891/2024 dated 14.12.2024 was filed against the 4 petitioners, and cognizance was taken by the learned Magistrate on 17.12.2024, whereafter the case was registered as Criminal Case No. 18784/2024. Subsequently, charges were framed against the petitioners on 14.01.2025. The case is presently pending before the learned Judicial Magistrate First Class, Bilaspur, at the stage of recording prosecution evidence. The petitioners have filed the present petition under Section 528 BNSS/Section 482 CrPC challenging the charge- sheet dated 14.12.2024 and cognizance order dated 17.12.2024, contending that even if the allegations are taken at face value, no offence is made out, the FIR, statements recorded during the investigation and other material are omnibus, vague and inherently improbable, with no specific date, time, place or overt act attributed to any petitioners and thus, no prima facie or cognizable offence is disclosed. 4. This Court on 12.08.2026 has passed the following orders in the present petition:- “Learned counsel for the submitted that the petitioners too have lodged an FIR for similar offence against the respondent No.2, in which closure report has been submitted by the police. He states that the petitioners have not challenged the said closure report which was filed on the FIR lodged by the petitioners against the respondent No.2. It is further submitted that though the charges have been framed against the petitioners in the present case, but the respondent No.2 is not appearing before the trial Court for recording of his evidence 5 since 09 occasions and the next date is fixed before the trial Court on 08.10.2026. The Superintendent of Police, Bilaspur is directed to inform respondent No.2 about pendency of present matter and shall further ensure his presence before this Court on the next date of hearing, who shall either appear in person or though a counsel, as he wishes. List this case again on 19.08.2026. Learned State counsel is directed to communicate this order to the Superintendent of Police, Bilaspur for necessary information and compliance forthwith.” 5. Respondent No.2 in person is present before this Court in compliance of this Court’s order dated 12.08.2026 and submits that he could not receive the summons issued by the learned trial Court for recording his evidence. He states that he would appear on the next date fixed before the learned trial Court, which is stated be 08.10.2026. 6. Considering the submissions made by learned counsel for the parties, the present petition is disposed of directing the respondent No.2 to appear before the learned trial Court on the next date fixed by the learned trial Court, i.e., 08.10.2026. The learned trial Court is directed to ensure that the respondent No.2 appears on the said date and the learned trial Court is also directed to conclude the trial expeditiously. Sd/- Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil