2026:CGHC:5967 NAFR H IGH COURT OF CHHATTISGARH, BILASPUR Judgment reserved on: 26.11.2025 Judgment delivered on: 03.02.2026 Uploaded on : 03.02.2026 CRMP No. 2858 of 2025

1. Virendra Singh Tomar S/o Omprakash Aged About 44 Years R/o Sai Village- Bhatagaon, Shyama Prasad Mukherjee Ward No. 61 Raipur, District- Raipur, Chhattisgarh.

2. Rohit Singh Tomar S/o Omprakash Tomar Aged About 31 Years R/o Sai Villa Bhatagaon, Shyama Prasad Mukherjee Ward No. 61 Raipur, District- Raipur, Chhattisgarh. ... Petitioner(s)

Digitally signed by JYOTI JHA D 20 a 2 te 6 : .02.03 versus

16:26:48 +0530

1. State Of Chhattisgarh Through- - Ig Raipur Range, Office Of The Ig Raipur Range, Raipur, District- Raipur Chhattisgarh.

2. The Superintendent Of Police Raipur, District- Raipur ( C.G. ).

3. Police Station Purani Basti Through- Sho P.S. Purani Basti, Raipur, District-

Raipur, Chhattisgarh. ----Respondent/s -----------------------------------------------------------------------------------------

For Petitioners : Mr. Satish Chandra Verma Sr.

Advocate along with Mr. Sajal Gupta, Advocate for petitioners For Respondent/State : Mr. Saurabh Pande, Dy. A.G.

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Hon'ble Shri Justice Arvind Kumar Verma,

CAV Judgment

1. The applicant has preferred this petition under Section 528 Bharatiya Nagarik Suraksha Sanhita (BNSS) challenging the impugned order dated 14.07.2025 whereby the Learned Judicial Magistrate First Class issued a proclamation under Section 84 of the BNSS without recording reasons to believe, and the impugned order dated 13.08.2025 whereby the Learned Judicial Magistrate First Class initiated proceedings under Section 85 of the BNSS for attachment of the property of the petitioner in Crime No. 230/2025 dated 05.06.2025, registered at Police Station Purani Basti against the petitioners for offences under Sections 308(2), 111(1) IPC and Section 4 of the Chhattisgarh Protection of Debtors Act and Impugned Non-bailable warrant dated 04.07.2025(Annexure P/4) against the petitioner without specifying the reason to believe and directed them to appear before the Court.

2. Brief facts of the case are that on 05.06.2025, Police Station Purani Basti received a communication conducted in Crime No. 332/2025 registered at P.S. Telibandha under Sections 296, 115(2), 351(2), 3(5) IPC against Petitioner Rohit Singh Tomar Acting on this communication, a search warrant was obtained, and a search was carried out on 03.06.2025, where certain documents were allegedly seized. On the same day, FIR No. 230/2025 was registered against the petitioners. Statements of three witnesses-Shri Jaideep Banerjee, Shri Manish Sahu, and Shri Nasir Bakhsh were recorded, alleging that the petitioners used signed cheques and stamp papers as security for loans, and thereafter allegedly coerced persons to repay with exorbitant interest or transfer undervalued land. Based solely on these allegations, the Investigating Officer sought issuance of coercive process. On 04.07.2025, the Learned Magistrate issued a non-bailable warrant against the petitioners and directed them to appear before the Court. Thereafter the Learned Magistrate passed the impugned proclamation order dated 14.07.2025 under Section 84 BNSS and the petitioners were directed to appear on 18.08.2025, the Learned Magistrate hurriedly passed the impugned order dated 13.08.2025 initiating proceedings for attachment under Section 85 BNSS-five days before the appearance date exhibiting clear arbitrariness and misuse of judicial power.

3. Learned Sr. counsel for the petitioners submitted that the impugned orders dated 14.07.2025 and 13.08.2025 passed by the Learned Judicial Magistrate First Class are contrary to the provisions of Sections 84 and 85 of the BNSS, inasmuch as no "reasons to believe" were recorded regarding the petitioners having absconded or concealing themselves, which is a mandatory precondition for issuing proclamation proceedings.