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2026:CGHC:5174-DB

Digitally signed

by ALOK

ALOK SHARMA

SHARMA D 20a 2te 6: .02.02 NAFR

11:52:18

+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 306 of 2026

1 - Uttam Bharadwaj S/o Ishwari Prasad Bharadwaj Aged About 35

Years R/o Village Bhilauni, Tahsil And P.S. Pamgarh, District Janjgir -

Champa (C.G.)

2 - Ishwari Prasad Bharadwaj S/o Late Rameshwar Aged About 58

Years R/o Village Bhilauni, Tahsil And P.S. Pamgarh, District Janjgir -

Champa (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Pamgarh,

District - Janjgir - Champa (C.G.)

2 - Nareshwar Banjare S/o Late Rajkumar Banjare Aged About 36 Years

Posted As Constable (Constable No. 591), P.S. Pamgarh, District

Janjgir - Champa (C.G.) (Complainant)

... Respondent(s)

For Petitioner(s) :

Mr. Atul Kesharwani, Advocate.

For Respondent(s) :

Mr. Sourabh Sahu, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

30/01/2026

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1. Heard Mr. Atul Kesharwani, learned counsel for the petitioners.

Also heard Mr. Sourabh Sahu, learned Panel Lawyer, appearing for the

Respondent/State.

2. The instant CRMP has been filed by the petitioners with the

following prayer :

“1. This Hon'ble Court may kindly be pleased

to Quash the impugned FIR No. 95/2020

dated 28.03.2020 registered at Police

Station-Pamgarh, District Janjgir-Champa

(C.G.) u/ss 188, 294, 332, 34, 353, 506 IPC

lodged against the present petitioners, in the

interest of justice.

2. This Hon'ble Court may kindly be pleased

to Quash the impugned chargesheet no.

356/2020 dt. 07.10.2020 filed before Learned

Judicial Magistrate First Class, Pamgarh,

District Janjgir-Champa (C.G.) u/ss. 188, 294,

332, 34, 353, 506 IPC against the present

petitioners, in the interest of justice.

3. This Hon'ble Court may kindly be pleased

to Quash the subsequent criminal

proceedings including impugned order of

taking cognizance dt. 23.12.2021 by Ld.

Judicial Magistrate First Class, Pamgarh,

District Janjgir-Champa (C.G.) u/ss. 188, 294,

332, 34, 353, 506 IPC. in Criminal Case No.

1465/2021, in the interest of justice.

4. This Hon'ble Court may kindly be pleased

to Quash the impugned charges framed u/ss.

294, 506, 353/34 & 332/34 of I.P.C. on

29.08.2024 against the petitioners and order

dt. 29.08.2024 of framing of above charges

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passed by Ld. JMFC, Pamgarh, District

Janjgir-Champa (C.G.) in Criminal Case No.

1465/2021, in the interest of justice.

5. This Hon'ble Court may be pleased to give

such other relief(s) as this Hon'ble Court

deems fit, in the interest of justice.”

3. The brief facts of the case are that an FIR bearing Crime No.

95/2020 dated 28.03.2020 was lodged against the petitioners at Police

Station Pamgarh, District Janjgir-Champa (C.G.) at the instance of

respondent No.2, Nareshwar Banjare, a Constable, alleging that on

25.03.2020 the petitioners had kept their grocery shop open at about

11:10 a.m. in alleged violation of COVID-19 guidelines, pursuant to

which a verbal altercation is stated to have taken place, whereafter, with

a delay of three days, the impugned FIR came to be registered for

offences under Sections 188, 294, 332, 353, 506 read with Section 34

IPC; during the pendency of an earlier writ petition filed by the

petitioners, the police submitted charge-sheet No. 356/2020 dated

07.10.2020, upon which the learned Judicial Magistrate First Class,

Pamgarh, took cognizance vide order dated 23.12.2021 and registered

Criminal Case No. 1465/2021, and thereafter framed charges against

the petitioners under Sections 294, 506, 353/34 and 332/34 IPC vide

order dated 29.08.2024. It is further borne out from the record that the

petitioners were granted anticipatory bail by this Court on 24.06.2020

and that earlier challenges to the FIR, charge-sheet and proceedings

were withdrawn with liberty to avail appropriate remedies, and the

gravamen of the petitioners’ challenge is that the entire prosecution

arises out of an alleged violation of prohibitory orders under Secti