[Cites 4, Cited by 0]
Chattisgarh High Court
Govinda Ratre vs State Of Chhattisgarh on 22 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:18264-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 1133 of 2026
1 - Govinda Ratre S/o Shri Raj Kumar Ratre, Aged About 28 Years R/o
Village Nandeli, Post Sonthi, P/s Sakti District Sakti C.G.
2 - Bed Ram Satnami S/o Shri Tila Ram Satnami, Aged About 38 Years
R/o Village Belkarri P/s Jaijaipur, District Sakti C.G.
3 - Chamru Rathiya S/o Shri Devcharan Rathiya Aged About 46 Years
R/o Village Navapara P/s Kartala, District- Korba C.G.
4 - Anandi Sahu S/o Shri Nanhu Sahu Aged About 58 Years R/o Village
ROHIT
KUMAR
Thathari, P.S. Jaijaipur, District- Sakti C.G.
CHANDRA
Digitally
signed by
... Petitioners
ROHIT KUMAR
CHANDRA
versus
1 - State of Chhattisgarh Through The Secretary, Home Department,
Mantralay, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur
C.G.
2 - The Superintendent of Police District Janjgir Champa C.G.
3 - The Station House Office of Police Station Bamhanidih, District
Janjgir Champa C.G.
... Respondents
For Petitioners : Mr. Jeet Ram Patel, Advocate
For Respondents/State : Mr. Sourabh Sahu, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
22.04.2026
1. Heard Mr. Jeet Ram Patel, learned counsel for the petitioners as
well as Mr. Sourabh Sahu, learned Panel Lawyer, appearing for
the State/respondents.
2. The present petition under Section 528 of the Bhartiya Nagarik
Suraksha Sanhita (for short, 'BNSS') has been filed by the
petitioner with the following prayers :-
"1. That, Hon'ble Court may kindly be pleased to
allow the instant petition under section 528 of B.N.S.S.
2023 filed by the petitioner, in the interest of Justice.
2. That, this Hon'ble Court may kindly be pleased to
quash the FIR dated 05.04.2026, bearing crime no.
36/2026, registered against the petitioners under
sections 10, 4 & 6 of the Chhattisgarh Agricultural
Cattle Preservation Act, 2004, and u/s 11(D) of the
Prevention of Cruelty of Animal Rules, 1960,
Registered at Police Station Bamhnidih, District-
Janjgir-Champa (C.G.).
3. Any other relief(s), which may be deemed fit in
favour of petitioners, may also be granted."
3. Learned counsel for the petitioners submits that the petitioners are
lawfully engaged in the trade of agricultural cattle under the aegis
of Raj Kumar Ratre, who is a duly registered Inter-State
Agriculture Cattle Trader since 2015, with his registration valid till
09.11.2027. He further submits that Petitioner No. 1 is his son and
the remaining petitioners are his employees/helpers assisting in
the lawful business of purchase and sale of cattle strictly for
agricultural purposes and in accordance with prescribed rules. It is
submitted that on 05.04.2026, Raj Kumar Ratre had legitimately
purchased 5 pairs of buffaloes (total 10) from different farmers/
local villagers, and all supporting purchase receipts are on record.
Acting under his instructions, the petitioners were transporting the
said cattle on foot to village Thathari for overnight stay, with
proper arrangements, and petitioner No. 4 being a local resident
there. At no point were the petitioners engaged in any illegal
activity; rather, they were acting within the scope of lawful
employment under a licensed trader. It is further submitted that
while on route near Mandi Chowk at village Pondi-Shankar, the
police officials of Police Station Bamhnidih, District Janjgir-
Champa, arbitrarily intercepted the petitioners and demanded
documents with a premeditated intent to harass. Despite
immediately informing and calling Raj Kumar Ratre, who reached
the spot and produced his valid trader license, the police officials
misbehaved and unlawfully insisted that the documents be shown
before the court. Thereafter, an FIR was illegally registered
against the petitioners on vague, general, and concocted
allegations, followed by their arrest and seizure of cattle on
06.04.2026. The learned JMFC, Champa, upon consideration,
was pleased to grant bail to the petitioners on 07.04.2026, which
itself reflects the lack of substance in the prosecution case. In
absence of any cogent material indicating violation of law, the
entire action of the respondent authorities is arbitrary, unjustified,
and amounts to abuse of the process of law, warranting
interference by this Hon'ble Court.
4. On the other hand, learned State counsel vehemently opposes
the submissions advanced on behalf of the petitioners and
submits that the present petition is wholly misconceived and
deserves to be dismissed at the threshold, as the allegations
disclosed in the FIR prima facie constitute cognizable offences
warranting a full-fledged investigation. It is submitted that the
interception of the petitioners by the police at Mandi Chowk,
village Pondi-Shankar, was carried out in discharge of lawful duty
on receipt of credible information regarding suspicious
transportation of cattle. Upon being stopped, the petitioners failed
to produce valid and complete documents relating to ownership,
transport, and lawful movement of the cattle at the relevant time,
thereby giving rise to reasonable suspicion of illegal
transportation. The subsequent production of a license by Raj
Kumar Ratre does not ipso facto validate the act, particularly
when the manner, timing (late evening hours), and mode of
transportation raise serious concerns requiring thorough
verification. The seizure of cattle and registration of FIR were thus
carried out strictly in accordance with law. It is further submitted
that the plea of the petitioners that they are merely helpers or
employees cannot absolve them of liability at this stage, as their
active participation in the transportation of cattle is an admitted
fact and the extent of their involvement is a matter of investigation
and trial. The documents relied upon by the petitioners, including
purchase receipts and registration certificate, are matters of
evidence which cannot be conclusively examined in proceedings
of this nature. The grant of bail by the learned JMFC does not
dilute the seriousness of allegations nor does it render the FIR
illegal. At this juncture, it is well settled that where the FIR
discloses commission of an offence, the investigation should not
be stifled. The present petition is an attempt to prematurely scuttle
a legitimate prosecution, and therefore, in the absence of any
exceptional circumstances or patent illegality, no interference is
warranted by this Hon'ble Court.
5. Upon hearing learned counsel for the parties and on perusal of
the material available on record, this Court finds that the FIR
discloses prima facie commission of cognizable offences and
cannot be said to be devoid of substance at this stage. The
contention of the petitioners that they were acting under a valid
license issued in favour of Raj Kumar Ratre and were merely
transporting cattle in the course of lawful business involves
disputed questions of fact, which cannot be conclusively
adjudicated in proceedings of this nature. The circumstances
surrounding the interception of the petitioners, the manner of
transportation, and the adequacy and genuineness of the
documents produced are all matters requiring thorough
investigation. It is well settled that at the stage of considering a
petition for quashing, this Court is not required to embark upon a
meticulous examination of evidence or adjudicate upon the
defence of the accused.
6. In view of the above, this Court is of the considered opinion that
the present case does not fall within the limited parameters
warranting interference for quashing of FIR/proceedings. The
allegations, as they stand, disclose a triable case and necessitate
a proper investigation in accordance with law. No case of abuse of
process of law or miscarriage of justice is made out.
7. Accordingly, the petition being devoid of merits is hereby
dismissed. However, it is clarified that any observations made
herein are only for the purpose of deciding the present petition
and shall not prejudice the case of either party during the course
of investigation or trial.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Chandra
