NAFR Digitally signed HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET by INDRAJEET SAHU SAHU Date: 2026.01.22

13:36:43 +0530 CRMP No. 8 of 2026

1 - Vikas Tiwari S/o Late Vivekanand Tiwari, Aged About 46 Years R/o House No. 38/58, Semra Bada, Danganiya Raipur, District Raipur C.G.

... Petitioner(s)

versus

1 - State of Chhattisgarh Through District Magistrate, Raipur, District Raipur C.G.

2 - Kunal Dubey, S/o Late Pradeep Dubey, R/o B-15, Maruti Residency, Amlidih, P.S. New Rajendra Nagar, Raipur, Tehsil And District Raipur (C.G.) 3 - Hemantpal S/o Shankar Pal, R/o Behind Digjam Showroom, Near Santoshi Nagar, P.S. Tikrapara, Raipur, Tehsil And District Raipur C.G.

... Respondent(s)

For Petitioner : Shri Vaibhav P. Shukla, Advocate.

For State : Ms. Sunita Manikpuri, Govt. Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

07.01 . 202 6

1. The present Criminal Misc. Petition under Section 528 of BNSS, 2023 has been filed by the petitioner against the impugned order dated 30.10.2025 passed by 8^th Additional Sessions Judge, Raipur, in Criminal Revision No.217/2025 whereby the Criminal Revision of the petitioner has been dismissed and the order dated 11.03.2025 passed by the Judicial Magistrate First Class, Raipur, in Criminal Case No.13508/2024, order framing charge, is affirmed.

2. The subject matter in brief is that the petitioner is an accused in the offence of Crime No.262/2024 registered at Police Station Rajendra Nagar, Raipur, for the offence under Sections 452, 294 and 34 IPC on a complaint made by Sanjay Tripathi. It is alleged that the complainant is the Administrator of Krishna Kids Academy, New Rajendra Nagar, Raipur. On 06.06.2024 he was being informed by the Headmistress of the school Smt. Jaya Bakdu through telephone that some members of NSUI entered into school premises and hurling slogans. He rushed to the school and saw that the present petitioner and other members of NSUI were hurling slogans inside the house and when he tried to stop them, they started abusing him. They also abused the female staff of the school. They felt annoyed by the abuses and after informing the Head of the institution, he lodged the report. After investigation, the charge sheet was filed against the petitioner and other accused persons before the JMFC, Raipur. Vide order dated 11.03.2025 the trial court framed charges for the offence under Sections 294, 452/34 IPC against the petitioner. The order of framing charge dated 11.03.2025 was challenged by the petitioner before the revisional court which was also dismissed by the impugned order dated 30.10.2025 and the same is under challenge in the present Criminal Misc. Petition.

3. Learned counsel for the petitioner would submit that the FIR against the petitioner is a motivated complaint as he belongs to NSUI Union who are protesting the illegal running of the school against the government circulars and guidelines. The petitioner is prosecuting his grievances in WP(PIL) No.22 of 2016 in which illegal running of the school of complainant is the subject matter and only to keep away the issue, the report has been lodged. He would further submit that charge for the offence under Section 452 IPC has been framed against the petitioner, but school does not come under the definition of dwelling house and therefore the charge under Section 452 IPC cannot be framed against him. There is no sufficient material to frame charge in the case and the petitioner may be discharged from the alleged offence by setting aside the impugned order. The petitioner would rely upon the order dated 05.09.2012 passed by Delhi High Court in case of Seema Gupta Vs. State & Others, Criminal M.C. No.3819 of 2011.

4. On the other hand, learned counsel for the State opposes and have submitted that there are prima facies sufficient evidence with respect to offence allegedly committed by the petitioner. From the statement of witnesses who are the employees of the school it is crystal clear that they have duly identified