Citation : 2026 Latest Caselaw 694 Chatt
Judgement Date : 18 March, 2026
1
2026:CGHC:12841-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 782 of 2026
Satyam Singh S/o Shri Namo Narayan Singh Aged About 24 Years R/o
Rajendra Prasad Ward Darripara Ambikapur District -Surguja,(C.G.)
MANPREET
KAUR ... Petitioner(s)
Digitally signed by
versus
MANPREET KAUR
Date: 2026.03.19
10:43:48 +0530
1 - State Of Chhattisgarh Through- Station In-Charge Police Station -
Kotwali, Ambikapur District Surguja Chhattisgarh
2 - M Onu Sahu S/olate Naresh Sahu R/o Gahira Guru Ashram, Ring
Road Ambikapur, Thana Manipur, Tehsil -Ambikapur District -Sarguja,
(C.G.)
... Respondent(s)
For Petitioner(s) : Mr. Shailendra Bajpai, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 18.03.2026
1. Heard Mr. Shailendra Bajpai, learned counsel for the petitioner.
Also heard Mr. Shailendra Sharma, learned Panel Lawyer,
appearing for respondents No.1 / State.
2. The present petition has been filed by the petitioner with the
following prayers:
"(i) QUASH the F.I.R as well as entire charge sheet filed by the police of Police Station- Kotwali Ambikapur, District Surguja, (C.G.) before the Court of Chief Judicial Magistrate Ambikapur, District Surguja, Chhattisgarh in Crime No. 202/2025 for the offence punishable under Section 296, 351 (3), 191 (2), 191 (3), 190, 109, 324(4), 112 of B.N.S.
(ii) QUASH the entire criminal proceeding of Criminal Case No. 11619/2025, "State of Chhattisgarh V/s.
Mukesh Yadav and others" pending before the Court of Chief Surguja, Judicial Magistrate Ambikapur, District Chhattisgarh in the interest of justice.
(iii) PASS such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
3. As per the prosecution case, on 22.03.2025 the complainant
Monu Sahu lodged a written report at Police Station Kotwali,
Ambikapur, District- Surguja (C.G.), alleging that after completing
his workout at a gym, he was sitting in his Scorpio car parked
outside the gym premises when co-accused Sushant Singh @
Anshu forcibly entered the vehicle and assaulted him with a knife
with an alleged intention to kill him, causing injuries on his hand. It
is further alleged that when the complainant tried to escape and ran
towards the gym, the present petitioner along with other co-
accused persons assaulted him with iron rods and other weapons,
chased him and extended threats to his life. Apprehending danger,
the complainant hid himself inside the bathroom of the gym, while
the accused persons allegedly abused him in filthy language and
caused damage to his vehicle by breaking the window glasses. On
the basis of the said complaint, the police registered an FIR against
the petitioner and other accused persons for various offences
under the Bharatiya Nyaya Sanhita, 2023. During investigation,
additional offences were incorporated and statements of witnesses
were recorded. Upon completion of investigation, the police filed
charge-sheet on 30.12.2025 before the Court of the learned Chief
Judicial Magistrate, Ambikapur, District Surguja (C.G.), showing
some of the accused persons, including the petitioner, as
absconding and separating certain accused persons from the
proceedings in accordance with law. Thereafter, the case was
registered as Criminal Case No. 11619/2025 titled "State of
Chhattisgarh vs. Mukesh Yadav and Others" and is presently
pending consideration before the competent trial Court.
4. Learned counsel for the petitioner submits that the continuation of
criminal proceedings against the petitioner is wholly unjustified and
amounts to abuse of the process of law, as neither the FIR nor the
charge-sheet discloses the essential ingredients of the offences
alleged under Sections 296, 351(3), 191(2), 191(3), 190, 109,
324(4) and 112 of the BNS, 2023. It is contended that the
allegations levelled in the FIR are vague, omnibus and inherently
improbable, without attributing any specific overt act or distinct role
to the present petitioner, and the material collected during
investigation also fails to establish any common intention or
unlawful object so as to attract the rigours of the aforesaid
provisions. Learned counsel further submits that the injury
sustained by the complainant is simple in nature and not on any
vital part of the body, and the medical report does not support the
prosecution version regarding use of any sharp-edged or deadly
weapon, thereby creating serious contradictions between the ocular
and medical evidence. It is also urged that several witnesses in
their statements have not supported the allegation of use of knife or
other lethal weapons, and even persons initially named in the FIR
were subsequently separated from the case by the investigating
agency, rendering the prosecution story doubtful. It is further
submitted that the complainant himself had moved an application
before the learned Chief Judicial Magistrate seeking compounding
of the matter on the basis of compromise, which indicates that the
dispute was of a personal nature arising out of a minor scuffle
rather than a premeditated criminal act. Learned counsel lastly
submits that the petitioner is a young college student and his
implication in such a serious case without cogent material would
gravely prejudice his future prospects. In these circumstances, the
impugned proceedings deserves to be quashed.
5. Learned State counsel, while opposing the petition, submits that a
plain reading of the written complaint and the FIR lodged by the
complainant clearly discloses specific and serious allegations
against the petitioner and other co-accused persons regarding a
pre-planned and concerted attack carried out with deadly weapons
with an intention to cause fatal injuries. It is contended that the
complainant has categorically narrated that while he was sitting in
his vehicle after finishing his work at the gym, one of the co-
accused forcibly entered the vehicle and inflicted a knife blow, and
when he attempted to flee towards the gym premises, the present
petitioner along with other accused persons assaulted him with iron
rods, fighter and other weapons and continued to chase and
threaten him with dire consequences. Learned State counsel
further submits that the allegations also disclose acts of criminal
intimidation, use of abusive language and deliberate damage to the
complainant's vehicle, thereby attracting the provisions invoked in
the FIR. It is argued that the statements of eyewitnesses recorded
during investigation corroborate the prosecution version regarding
the unlawful assembly and common intention of the accused
persons to cause grievous harm, and the matter involves disputed
questions of fact which can only be adjudicated upon appreciation
of oral and documentary evidence during trial. The State therefore
submits that at this preliminary stage, when the material on record
discloses prima facie commission of offences, the extraordinary
jurisdiction of this Court ought not to be exercised to scuttle a
legitimate prosecution, and the petition deserves to be dismissed.
6. We have heard learned counsel for the parties and perused the
documents appended with petition.
7. Upon careful perusal of the FIR and the material collected during
the course of investigation, this Court is of the considered view that
the allegations made against the petitioner disclose prima facie
commission of cognizable offences requiring adjudication on the
basis of evidence before the competent trial Court. The contentions
raised on behalf of the petitioner pertain to disputed questions of
fact, including the nature of his participation in the alleged incident,
the veracity of the prosecution version, medical inconsistencies and
the effect of the alleged compromise, which cannot be conclusively
examined in exercise of the inherent jurisdiction of this Court. At
this stage, the Court is only required to ascertain whether the
uncontroverted allegations and the material placed on record make
out a case to proceed, and not to conduct a detailed appreciation of
evidence or determine the probable defence of the accused.
Considering the seriousness of the accusations and the existence
of eyewitness accounts, this Court does not find any ground to
interfere with the impugned proceedings.
8. Accordingly, the present petition being devoid of merits is liable to
be and is hereby dismissed.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Manpreet
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