Digitally 2025:CGHC:33169-DB signed by ANURADHA ANURADHA TIWARI TIWARI Date: NAFR

2025.07.17

10:44:56 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2222 of 2025 Imdad Khan S/o Niyamat Khan Aged About 58 Years R/o Musalmaan Para, P.S. Dharsiwa Tehsil And District- Raipur Chhattisgarh.

... Petitioner versus

1 - State of Chhattisgarh Through The Station House Officer, Police Station Dharsiwa, District- Raipur C.G.

2 - Devesh Devdas S/o Rajesh Devdas Aged About 35 Years R/o Collectorate , Food Department, Tehsil And District- Raipur C.G.

3 - Superintendent Of Police, Office of Superintendent of Police, District-

Raipur C.G.

... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Sameer Oraon, Advocate For State/Respondents : Mr. Sangharsh Pandey, Government No.1 & 3 Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

16.07.2025

1 Heard Mr. Sameer Oraon, learned counsel for the petitioner and Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State/respondents No.1 and 3.

2 The present petition has been filed by the petitioner with the following prayer:-

“It is therefore, prayed that this Hon'ble Court may be pleased to exercise its inherent jurisdiction under Section 528 of Bhartiya Nagrik Suraksha Sahita, 2023 and in exercise thereof admit the petition and after hearing the parties in the matter, be pleased to set aside/quash the First Information Report dated 14 12 2024 having crime no 684/2024 registered under section 3 & 7 of Essential Commodities Act, 1955 and Section 408 & 34 of Indian Penal Code (Section 316 & 3(5) of BNS), registered at Police Station-Dharsiwa, Raipur (Annexure P-1) and be please to quash the final report dated 4.04.2025 and set aside order dated 11.4.2025 of learned Court of Judicial Magistrate First Class in Criminal Case no. 13974/2025 taking & 3(5) cognizance under Section 408 & 34 of IPC (316 of BNS) and Section 3 & 7 of Essential Commodities Act, 1955 on such terms as this Hon'ble Court may deem fit in the facts and circumstances of the case.”

3 Brief facts of the case, are that, the petitioner was initially appointed as a Peon in 2006 and subsequently promoted as a Clerk on 15.04.2013 in Krishak Seva Sahkari Samiti Maryadit, Dharsiwa. He has been performing his duties sincerely since then. The controversy arose when Food Inspector (Respondent No. 2) lodged a complaint on 14.12.2024 alleging financial and stock irregularities in the Public Distribution System (PDS) managed by the society. It was alleged that from May 2016 to February 2022 and October 2022 to March 2024, there was a significant shortage of rice, sugar, and salt stocks, amounting to an alleged loss of Rs. 82,20,865/-. Based on this, RRC proceedings for recovery were initiated against the society’s management. Subsequently, an FIR was registered under Sections 408 IPC, Sections 3 & 7 of the Essential Commodities Act, and Chhattisgarh Public Distribution Control Order, 2016. The petitioner was named as an accused, portraying him as the Manager, despite the fact that the actual Manager during most of the relevant period was Omprakash Sharma (till 2021), and thereafter Bhola Prasad Soni (from 2022). The petitioner had only briefly held charge as Manager for about a year after Sharma’s death. The petitioner contends that: • He was never issued any notice during the enquiry nor was he part of the RRC proceedings.

• His role was limited to depositing government funds, which he duly performed.

• No evidence suggests his involvement in stock man-

agement or misappropriation.

• He was wrongly named in the FIR to shield the ac-

tual responsible officers.

4 The petitioner sought for quashing of FIR and proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) / Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’), claiming misuse of process, lack of prima facie case, and