2026:CGHC:6941-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 310 of 2026

1 - Smt. Santoshi Bai W/o Suresh Kumar Aged About 46 Years R/o H.No.

4/400, Gali No. 03, Near Ajanta Farnichar Bajrang Nagar Raipur, District Raipur (C.G.), Pin- 492001

2 - Smt. Shivbai Sahu W/o Harishchandra Sahu Aged About 50 Years R/o H.

No. 6/2306, Gokul Nagar Shiv Mandir Chowk Naya Savera School Raipur, District Raipur (C.G.) Pin- 492001

3 - Shiv Kumar Sahu S/o Mallu Ram Sahu Aged About 60 Years R/o Near Life Worth Hospital, H. No. 3/721 Ward 16 Gangaram Nagar Ramkund Raipur, District Raipur (C.G.) Pin- 492001

4 - Mahendra Kumar Sahu S/o Mallu Ram Sahu Aged About 44 Years R/o H.

No. 3/721 Gangaram Nagar Raipur, District Raipur (C.G.) Pin- 492001

5 - Bhava Bai Sahu W/o Mallu Ram Sahu Aged About 81 Years R/o Near Life Worth Hospital, H. No. 3/721 Ward 16 Gangaram Nagar Ramkund Raipur, District Raipur (C.G.) Pin- 492001 ... Petitioners versus

1 - State Of Chhattisgarh Through The Police Station Gudhiyari District Raipur (C.G.)

VED PRAKASH DEWANGAN

2 - Shri Arvind Rahul S/o Late Shri T. Prasad Aged About 60 Years Assistant

VED PRAKASH

DEWANGAN

Date: 2026.02.10

Engineer, Municipal Corporation- Zone Vii, Gudhiyari, Raipur, District Raipur (C.G.)

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

For Petitioners : Mr. Anshuman Shrivastava, Advocate For Respondent No.1/State : Mr. Saumya Rai, Deputy Govt. Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha, C.J.

09/02/2026

1. This Criminal Miscellaneous Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners seeking quashment of FIR No. 364/2025 dated 08.08.2025, registered at Police Station Gudhiyari, District Raipur (C.G.), for the alleged offence under Section 292 of the Chhattisgarh Municipal Corporation Act, 1956. The petitioners invoke the inherent jurisdiction of this Court contending that the impugned FIR is without authority of law, having been registered in contravention of the mandatory provisions contained in Sections 396 and 398 of the Act of 1956, is barred by limitation, and therefore constitutes an abuse of the process of the Court.

2. The petitioners have filed the present Criminal Miscellaneous Petition with the following prayer:-

“It is prayed that this Hon'ble Court may kindly be pleased to set aside/quash the FIR No. 364/2025 registered before the Police Station Gudhiyari, Raipur (C.G.) under 292 of Chhattisgarh Municipal Corporation Act 1956, in the interest of justice.”

3. The facts of the case in brief is that, the petitioners are members of the same family and joint owners of certain lands situated at Village Chirhuldih, Gudhiyari, Tehsil and District Raipur (C.G.), which were duly diverted for residential purposes. Owing to domestic necessities such as marriages, medical expenses and construction of a residential house, the petitioners sold portions of the said diverted land from time to time over a long span of years, after following due revenue procedure. On the basis of a letter dated 10.08.2024 issued by the Additional Tahsildar, respondent No.2, an Assistant Engineer of the Municipal Corporation, Raipur, lodged a report alleging that the petitioners were carrying out illegal plotting and selling land in small pieces without obtaining colony development permission, leading to registration of FIR No. 364/2025 dated 08.08.2025 at Police Station Gudhiyari for an offence under Section 292 of the Chhattisgarh Municipal Corporation Act, 1956. The petitioners assert that they are agriculturists, not colonizers or builders, that no colony has been developed by them, and that the impugned FIR has been registered after an unexplained delay of nearly one year. They further rely upon the fact that an FIR on identical allegations in respect of adjoining land, lodged on the same date, was quashed by this Court in Cr.M.P.

No. 3163/2025, and contend that the present