2026:CGHC:2591 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 702 of 2025

1 - Inderpal Singh Bhatia S/o Late Harbans Singh Bhatia presently Aged About 65 Years Resident Of Jagatpur, Dhimrapur Road, Raigarh, District- Raigarh (C.G.)

2 - Poonam Chand Agrawal S/o Lalchand Agrawal presently Aged About 61 Years Resident Of Ganj, Raigarh (C.G.)

3 - Sunil Agrawal S/o Ramdas Agrawal presently Aged About 58 Years Resident Of Friends Colony, Raigarh, District- Raigarh (C.G.)

4 - Suresh Sharma @ Rajendra Sharma S/o Late Krishna Sharma presently aged About 66 Years Resident Of Lal Tanki Road, Raigarh, District- Raigarh (C.G.) ... Petitioner(s)

versus

1 - Smt. Sarita Devi Jagatramka W/o Suresh Kumar Jagatramka presently Aged About 57 Years Resident Of Gandhi Putla Chowk, Raigarh, District-

Raigarh (C.G.)

2 - The Station House Officer P.S. City Kotwali, Raigarh, District- Raigarh, (C.G.) ---- Respondent(s)

For Petitioner(s) : Mr. B.P. Sharma, and Mr. Hari Agrawal, Advocates.

For Respondent No.1 : Mr. Suresh Kumar Jagatramka, Advocate.

For Respondent No.2/State : Mr. Amit Verma, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

15/01/2026

1. Heard Mr. B.P. Sharma, Advocate and Mr. Hari Agrawal, learned counsel appearing for the petitioners. Also heard Mr. Suresh Kumar Jagatramka, learned counsel for the respondent No.1, and Mr. Amit Verma, learned Panel Lawyer, appearing for the respondent No.2/State.

2. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the BNSS) by the petitioners with following prayer:

“(i)Quash and/or set-aside the order dated 27.04.2019 (Annexure P-1) passed by the learned II Additional Sessions Judge, Raigarh (C.G.) in Criminal Revision No. 40/2019.

(ii) Quash and/or set aside the entire consequential and subsequent orders (consequent to Annexure P-1) passed by the learned Trial Court i.e. the Court of Judicial Magistrate Class-1, Raigarh (C.G.) in Complaint Case No. 332/2019, particularly the order dated 02.05.2019, 04.05.2019 and 10.05.2019 [part of Annexure P-2 (Colly)], and in effect direct the learned Trial Court to take the Preliminary Police Investigation report on record and after perusal of the same, proceed in accordance with law.

(iii) Quash the entire complaint petition being registered as complaint case Nо. 332/2019 (Annexure P-2), filed by Respondent No. 1 and pending before the Court of Judicial Magistrate Class-1, Raigarh (C.G.)

(iv) Any other orders in favour of the petitioner as this Court may deem fit in the facts and circumstances of the case and in the interest of justice.”

3. According to the petitioner, the genesis of the instant case relates to land bearing Nazul Sheet No. 44, Plot No. 3/5 area admeasuring 2400 sg. ft. situated at Gandhi Putla Road, Raigarh, District- Raigarh and there is a chequered history of litigation with the respect of the said land.

4. According to the petitioner, in the year 1952, one Bhanwari Lal Jagatramka (who happens to be the father-in-law of the complainant/ respondent No.1) has auction purchased the said land on lease from the State Government out of his self acquired income and his name was recorded in the revenue records and he came in occupation and possession of said land. The said Banwari Lal Jagatramka had two sons, elder namely Suresh Kumar Jagatramka, who resided at Raigarh and younger son Mahesh Kumar Jagatramka, who resided at Kolkata. After passage of time, relations between said Banwari Lal Jagatramka and his elder son namely Suresh Kumar Jagatramka (who happens to be husband of Complainant/respondent No.1) become estranged and said Banwari Lal was thrown out of his Raigarh residential house by his said elder son and complainant/respondent No.1 and he had to take shelter with his younger son namely Mahesh Jagatramka, at his residence at Kolkata and continued living therein till his last breath. Sometime in the year 2005, Banwari Lal Jagatramka appointed Petitioner No. 4 herein as his P