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2026:CGHC:6248-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 323 of 2026

Anshul Jotwani S/o Shri Puran Lal Jotwani Aged About 28 Years R/o H. No.

136, Near Sindhi Dharam Shala, Ward No. 10, Tilda, District - Raipur,

Chhattisgarh

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station

Hathbandh District - Baloda Bazaar - Bhatapara, Chhattisgarh

2 - Mr. Laxman Kashyap S/o Shri Kailash Ram Kashyap, Assistant Food O

In The Bhatapara And Simga Sub-Divisions Of District - Baloda Bazar -

Bhatapara, Chhattisgarh (Complainant).

... Respondent(s)

For Petitioner(s) : Mr. Rajkamal Singh (through Video Conferencing)

and Mr. Suryapratap Yudhveer Singh, Advocates

For Respondent(s) : Mr. Soumya Rai, Deputy Government Advocate

Hon'ble Shri Ramesh Sinha , Chief Justice

Hon'ble Shri Ravindra Kumar Agrawa l , Judge

Judgment on Board

Per Ramesh Sinha , Chief Justice

04/02/2026

1. Heard Mr. Rajkamal Singh (through video conferencing) and Mr.

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Suryapratap Yudhveer Singh, learned counsel for the petitioner. Also

heard Mr. Somya Rai, learned Deputy Government Advocate for the

respondent No.1 / State.

2. The petitioner, by this petition under Section 528 of the Bharatiya Nagrik

Suraksha Sanhita, 2023 (for short, the BNSS) has filed this petition

seeking quashing of the First Information Report registered in Crime No.

17/2026 dated 09.01.2026 at the Police Station Hathbandh,District:

Baloda Bazaar-Bhatapara, for the alleged offence punishable under

section 3/7 of the Essential Commodities Act 1955 (for short, the EC Act)

and under section 316(5), 318(4), 61(2) of Bhartiya Nyaya Sanhita 2023

(for short, the BNS).

3. Brief facts of the case are that the petitioner-Anshul Jotwani, is the sole

proprietor of M/s Kavita Rice Industries, a duly registered rice mill

situated at Hathbandh, District Baloda Bazaar–Bhatapara. The petitioner

is a registered custom miller operating under the government policy for

Custom Milling of Paddy for Kharif Marketing Season (KMS) 2024–25

and is governed by the provisions of the Chhattisgarh Rice Custom

Milling Order, 2016. Pursuant to the Custom Milling Agreements

executed with the Chhattisgarh State Markfed, the petitioner lifted paddy

supplied by the State agencies and furnished requisite Bank Guarantees

to secure the prescribed Out Turn Ratio (for short, the OTR) of custom

milled rice. On 29.12.2025, a physical verification of the petitioner’s rice

mill was conducted by the concerned ofÏcials, wherein an alleged

shortage of 2372.64 quintals of paddy, valued at Rs. 56,20,784.16, was

recorded. Based on the said physical verification report, respondent No.2

lodged a complaint alleging fraudulent misappropriation of government

paddy by the petitioner, leading to registration of FIR No.17/2026 dated

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09.01.2026 at Police Station Hathbandh, District Baloda Bazaar–

Bhatapara, for offences punishable under Sections 3/7 of the EC Act and

and Sections 316(5), 318(4) and 61(2) of the BNS.

4. Mr. Rajkamal Singh, learned counsel for the petitioner submits that the

petitioner’s case is that the alleged shortage was wrongly shown due to

non-consideration of stock actually available in the mill. It is stated that

on 28.12.2025, three lots of custom milled rice equivalent to 1298

quintals of paddy were dispatched to the Food Corporation of India depot

but were returned on account of packaging errors, and the same were

lying within the mill premises at the time of inspection. It is further

asserted that the inspecting team failed to account for the rice lying in the

mill hoppers and top containers, amounting to approximately 720

quintals of rice, equivalent to 1073 quintals of paddy. Subsequently,

between 05.01.2026 and 09.01.2026, the petitioner deposited 810

quintals of custom milled rice at the designated CMR Centre, Bhatapara,

through ofÏcial gate passes.

5. It is next submitted by Mr. Singh that prior to registration of the FIR, the

Collector, Baloda Bazaar–Bhatapara, issued a show-cause notice dated

31.12.2025 to the peti