1 2026:CGHC:20356-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1221 of 2026 Vikash Kumar Gupta S/o Sanjay Gupta Aged About 33 Years Pahadi Para Gondwara Road Near Sai Mandir Gudhiyari P.S. Gudhiyari District- Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Home Mahanadi Bhavan Atal Nagar Naya Raipur District- Raipur (Chhattisgarh) 2 - The Director General Of Police Police Department New Raipur District- Raipur Chhattisgarh 3 - Superintendent Of Police Mahasamund District- Mahasamund Chhattisgarh 4 - Station House Officer Police Station Sankra District- Mahasamund Chhattisgarh 5 - Raj Kumar Tandon S/o Jagmohan Tandon Aged About 36 Years Resident Of Gullu Arang Police Station Arang District- Mahasamund Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.05.02 11:29:10 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 01.05.2026 1. Heard Mr. Bharat Lal Sahu, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Deputy Government Advocate for the respondents No.1 to 4 / State. 2. The petitioner has filed this petition with following prayer: “1. That, Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S. 2023 filed by the petitioner, in the interest of justice. 2. That, Hon'ble Court may kindly be pleased to quash the charge sheet dated 01.03.2026 and FIR bearing No. 21/2026 registered on dated 27.01.2026 at police station Sankra, District Mahasamund Chhattisgarh filed under section 303(2), 317(2), 3(5) of B.N.S. against the petitioner in the interest of justice. 3. That, Hon'ble Court may kindly be pleased to quash entire charge sheet dated 17.03.2026 before learned Judicial Magistrate First Class Pithora, District Mahasamund Chhattisgarh under section 303(2), 317(2), 3(5) of B.N.S. against the petitioner in the interest of justice. 4. That, Hon'ble Court may kindly be pleased to quash cognizance dated 17.03.2026 taken by the 3 learned Judicial Magistrate First Class Pithora, District Mahasamund Chhattisgarh, in the interest of justice. 5. That, Hon'ble Court may kindly be pleased to quash entire criminal proceeding of Criminal case No. 499/2026 pending before the learned Judicial Magistrate First Class Pithora, District Mahasamund Chhattisgarh against the petitioner, in the interest of justice. 6. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.” 3. The prosecution case in brief is that the complainant lodged a report at Police Station Sankra, District Mahasamund (Chhattisgarh), alleging that on 25.01.2026 at about 3:00 PM, certain unknown persons unlawfully entered his house and committed theft of two gas cylinders. On the basis of the said complaint, an FIR bearing Crime No. 21/2026 was registered for offences punishable under Sections 303(2), 317(2), and 3(5) of the Bharatiya Nyaya Sanhita. It is the case of the prosecution that the present petitioner has been implicated in the said offence merely on the basis of suspicion. Upon completion of investigation, the police have filed a charge-sheet before the learned Judicial Magistrate First Class, Pithora, District Mahasamund, and the matter is presently at the stage of trial 4 proceedings. 4. Learned counsel for the petitioner submits that the impugned action of the respondents is wholly illegal, arbitrary, discriminatory and contrary to settled principles of law, inasmuch as the prosecution case is founded upon a concocted and fabricated story devised only to falsely implicate the present petitioner without any cogent basis. It is submitted that the alleged incident is stated to have occurred on 25.01.2026, whereas the FIR came to be registered belatedly on 27.01.2026, and such unexplained delay casts serious doubt on the veracity of the prosecution version. Learned counsel further submits that the petitioner has no role whatsoever in the alleged offence and has been implicated merely on suspicion, which is impermissible in law, particularly when the FIR itself does not disclose any specific or direct allegation indicating his involvement. It is contended that no incriminating material has been seized from the possession of the petitioner, and the entire case lacks evidentiary support, rendering the charge-sheet unsustainable. It is also urged that the learned Court below, while granting bail to the petitioner, has already taken note of the weak nature of the allegations, which further demonstrates absence of prima facie material. Learned counsel submits that even if the entire prosecution case is accepted at face value, no offence under Sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita is made out against the petitioner. It is further contended that the complainant, with mala fide intention, 5 has lodged a false and frivolous complaint to harass and tarnish the reputation of the petitioner, thereby amounting to abuse of process of law. Additionally, it is pointed out that the police authorities have acted arbitrarily in allegedly seizing cylinders from the petitioner’s residence, including cylinders not connected with the alleged offence, and registering multiple FIRs on the same day by different police stations, which reflects clear misuse of legal process. In absence of any credible evidence or material connecting the petitioner with the alleged crime, the continuation of criminal proceedings is nothing but an abuse of the process of law, and therefore, the impugned FIR and charge-sheet are liable to be quashed. 5. Learned State counsel appearing for the State opposes the petition and submits that the present petition is misconceived and not maintainable at this stage, as the investigation has already been completed and the charge-sheet has been duly filed before the competent Court. It is further submitted that the learned Judicial Magistrate First Class, Pithora has already taken cognizance of the offences on the basis of material collected during investigation, and the matter is presently pending for consideration on the point of framing of charges. It is contended that sufficient material exists on record disclosing a prima facie case against the petitioner, and therefore, the proceedings cannot be interdicted at this preliminary stage. Learned State counsel further submits that the issues raised by the petitioner pertain to 6 disputed questions of fact, which cannot be adjudicated in proceedings under Section 528 of the Bharatiya Nyaya Sanhita, 2023, and are matters to be tested during trial. It is thus prayed that no interference is called for and the petition deserves to be dismissed in the interest of justice. 6. Further, bare perusal of the charge-sheet reveals that as per the prosecution case emerging from the charge-sheet, the complainant Dharmendra Kumar Kar reported on 27.01.2026 that on 25.01.2026 at about 03:00 PM, two gas cylinders kept in the verandah of his house were found missing, and upon checking CCTV footage, an unknown person was seen taking away the said cylinders, leading to registration of FIR No. 21/2026 at Police Station Sankara under Section 303(2) of the Bharatiya Nyaya Sanhita against unknown persons. During investigation, spot inspection was carried out, site map was prepared, and statements of witnesses were recorded, with Section 3(5) BNS subsequently added. It is further reflected that information was received from Police Station Arang, District Raipur regarding recovery of multiple gas cylinders in another case (Crime No. 53/2026) from co-accused persons, pursuant to which related documents including seizure memo and memorandum statements were obtained after due permission from the competent Court, and one of the accused persons was formally arrested. The charge-sheet indicates that the investigation, insofar as it pertains to other accused persons, is still continuing. However, so far as 7 the present petitioner is concerned, charge-sheet has already been filed and cognizance has been taken by the learned Judicial Magistrate First Class, Pithora, and the matter is presently pending consideration on the point of framing of charges. 7. We have heard learned counsel for the parties and perused the documents appended with petition. 8. In view of the aforesaid facts and circumstances, particularly considering that the charge-sheet has already been filed and cognizance has been taken by the learned trial Court, and further that during the course of investigation seizure of gas cylinders has been effected in connection with the alleged offence, forming part of the material on record, this Court is not inclined to exercise its inherent jurisdiction for quashing of the impugned FIR and criminal proceedings. The submissions of the petitioner regarding false implication, absence of recovery from his possession, and multiplicity of cases involve disputed questions of fact which cannot be adjudicated at this stage and are required to be tested during trial on the basis of evidence. At this juncture, the material collected by the prosecution discloses a prima facie case against the petitioner, and therefore, no case for interference is made out. Accordingly, the present petition, being devoid of merits, deserves to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet