2026:CGHC:7787-DB NAFR Digitally signed by ALOK ALOK SHARMA SHARMA D 20 a 2 te 6 : .02.13 HIGH COURT OF CHHATTISGARH AT BILASPUR

17:09:01 +0530 CRMP No. 2787 of 2024

1 - Suman Yadav D/o Nihar Sai Yadav Aged About 24 Years R/o Sindhi Colony, Mandir Chowk, Bilaspur, District Bilaspur (C.G.), Permanent Address - Dipka, Korba, District Korba (C.G.)

2 - Indu Chandra D/o Hemlal Chandra Aged About 26 Years R/o Sindhi Colony, Mandir Chowk, Bilaspur, District Bilaspur (C.G.)

3 - Nand Rathor S/o Dilip Rathor Aged About 27 Years R/o Ganesh Vihar, Uslapur, P.S. Sakri, Bilaspur, District Bilaspur (C.G.)

4 - Mohammed Islam S/o Mohammed Nasim Aged About 28 Years R/o Ganesh Vihar, Uslapur, P.S. Sakri, Bilaspur, District Bilaspur (C.G.)

5 - Rahul Jaiswal S/o Ramkumar Jiaswal Aged About 26 Years R/o Ganesh Vihar, Uslapur, P.S. Sakri, Bilaspur, District Bilaspur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through P.S. Sirgitti, Bilaspur, District Bilaspur (C.G.)

2 - Director General Of Police Police Headquarters, Police Department, Atal Nagar - Nava Raipur, Chhattisgarh

3 - Superintendent Of Police Bilaspur, District Bilaspur (C.G.)

4 - Jashwant Kumar S/o Shri Shankar Lal Aged About 28 Years R/o Near D.P. Law College, Ashok Nagar, Bilaspur, District Bilaspur (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Syed Ishhadil Ali, Advocate.

For Respondent/State : Mr. Nitansh Kumar Jaiswal, Dy. Govt.

Advocate.

For Respondent No. 4 : Mr. Pawan Shrivastava, and Mr. Abhishek Choubey, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

12/02/2026

1. Heard Mr. Syed Ishhadil Ali, learned counsel for the petitioners. Also heard Mr. Nitansh Kumar Jaiswal, learned Dy. Govt. Advocate, appearing for Respondent/State, Mr. Pawan Shrivastava, and Mr.

Abhishek Choubey, learned counsel for the Respondent No.4.

2. The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita seeking quashing of the F.I.R. bearing Crime No. 624 of 2024, registered at Police Station Sirgitti, District Bilaspur (C.G.), for the offences punishable under Sections 115(2), 296, 3(5) and 304(1) of the Bharatiya Nyaya Sanhita, 2023, and they prayed for the following relief:

“It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petition and quash F.I.R. bearing crime no. 624/2024 for the offences punishable U/s 115(2), 296, 3(5), 304(1), of B.N.S. 2023 at P.S.-Sirgitti, Bilaspur Dist: Bilaspur (C.G.)”

3. Brief facts of the case are that on 06.09.2024 at about 12:00 midnight, near Gramin Bank, Tifra, Bilaspur, Respondent No. 4 was returning from Sahu Dhaba along with his friend in his car bearing registration No. CG-12 AJ 6884 (Swift Dzire). It is alleged that the riders of activa scooty bearing registration Nos. CG-12 BJ 0217 and CG-12 BC 9348 intercepted him, abused him in filthy language, assaulted him, and snatched his gold chain. The incident was reported by Respondent No. 4 on the next day, i.e., 07.09.2024 at about 1:00 PM, at Police Station Sirgitti, District Bilaspur. On the basis of the said report, Crime No. 624/2024 was registered for the offences punishable under Sections 115(2), 296, 3(5) and 304(1) of the Bharatiya Nyaya Sanhita, 2023 against the riders of the aforesaid vehicles, namely applicant Nos. 1 and 2, and the other petitioners, who are stated to be their friends. Aggrieved by the registration of the said FIR, the said FIR is under challenge in the present Criminal Miscellaneous Petition.

4. Learned counsel for the petitioners would submit that even if the allegations made in the impugned FIR are taken at their face value, no prima facie offence is made out against the present petitioners and the same appears to be a counterblast to the incident which actually occurred on the intervening night of 06.09.2024. It is contended that there is an unexplained delay of about 13 hours in lodging the FIR by Respondent No. 4, who