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2026 DAILYLAW 5200 (CHH)

DR. GOVERDHAN SINGH THAKUR v. SMT. PADMINI THAKUR

CRR/239/2026 · 2026-02-12

body2026

Judgment text

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1 2026:CGHC:8113 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 239 of 2026 Dr. Goverdhan Singh Thakur S/o Late Ramman Singh Thakur Aged About 62 Years Residence Of Goraj Hospital Bichpara Ward No. 18 Kawardha P.S. And Tahsil- Kawardha District- Kabirdham (C.G.) --- Applicant(s) versus Smt. Padmini Thakur W/o Dr. Goverdhan Singh Thakur Aged About 53 Years Residence Of Goraj Hospital Bichpara Ward No. 18 Kawardha P.S. And Tahsil- Kawardha District- Kabirdham (C.G.) ... Non-applicant(s) For Applicant : Mr. Arvind Sinha, Advocate. For Non-applicant : None. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2026 1. Heard Mr. Arvind Sinha, learned counsel, appearing for the applicant. 2. The present criminal revision has been preferred by the applicant seeking quashment of Misc. Criminal Case No. 141 of 2025, pending before the learned Family Court, Kabirdham (C.G.), whereby proceedings have been registered under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”). KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. Brie=y stated, the applicant and the non-applicant are husband and wife. Certain disputes arose between them, pursuant to which the non-applicant submitted a complaint and >led an application before the competent Court. On the basis of the said application, the learned Magistrate registered the matter as a Miscellaneous Criminal Case for consideration under Section 144 BNSS. 4. The principal grievance of the applicant is that the parties are residing under the same roof and that all domestic expenses are being borne by him; therefore, according to the applicant, registration of proceedings under Section 144 BNSS is unwarranted and amounts to abuse of the process of law. 5. I have heard learned counsel for the applicant and perused the material available on record. 6. Upon consideration of the submissions advanced by the learned counsel for the applicant, this Court >nds that Section 144 of BNSS confers preventive jurisdiction upon the Magistrate to act in situations involving apprehension of breach of peace or threat to safety. At the stage of registration of a Miscellaneous Criminal Case, the Magistrate is only required to be prima facie satis>ed that the application discloses circumstances warranting inquiry. Mere registration of proceedings does not determine rights of the parties nor does it amount to any penal consequence. 7. In the present case, no >nal or adverse order has been passed against the applicant. The learned Magistrate has merely initiated proceedings to examine the allegations in accordance with law. The scope of revisional jurisdiction being limited and in absence of 3 any patent illegality, jurisdictional error, or material irregularity, no interference is called for at this stage. 8. Accordingly, the revision petition, being devoid of merit and is dismissed. The learned Magistrate shall proceed in accordance with law and decide the application independently, unin=uenced by any observation made herein. 9. Order accordingly. Sd/- (Ramesh Sinha) Chief Justice Kunal