2026:CGHC:8684-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No.48 of 2024 The date when The date when the The date when the judgment the judgment is judgment is is uploaded on the website reserved pronounced Operative Full

21.11.2025 18.02.2026 -- 18.02.2026

1 - Jagdish Prasad Bansal S/o Shri Ramphal Bansal Aged About 61 Years R/o Ward No.11, Sakti, Tah. Sakti, Distt. Janjgir-Champa, Now Distt. Sakti, Chhattisgarh Appellant (s)

versus

1 - Indrajeet Burman, the then Sub Divisional Officer (R) and Sub Divisional Magistrate, Sakti, Tahsil Sakti, Present Posting Commissioner, Municipal Corporation Durg, Distt. Durg, C.G., Presently Posted As Upper Collector, Distt. Balrampur Ramanujganj, Chhattisgarh 2 - Smt. B. Ekka, Tahsildar And Executive Magistrate Sakti, Distt. Janjgir Champa, Now Distt. Sakti, Chhattisgarh, Presently Posted As Deputy Collector, District : Dhamtari, Chhattisgarh

3 - MP Tandon, the then Station Incharge Police Station Sakti, Now Retired, Village Faraswani, Tehsil Bhatapara, District : Balodabazar-

Bhatapara, Chhattisgarh Respondent(s)

For Appellant (s) : Mr. B. P. Sharma, Adv with Mr. Pushp Kumar Digitally Gupta and Ms. Sameeksha Gupta, Advs signed by R For Respondent No.1 : Mr. Dhiraj Kumar Wankhede, Adv with Ms. NIRALA Aishley Shrivastava and Mr. Sanchit Bhatt, Advs For Respondent No.2 : Mr. Anurag Verma, Adv For Respondent No.3 : Mr. Basant Dewangan, Adv Hon’ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Amitendra Kishore Prasad

CAV Judgment

Per Rajani Dubey J.

1. The present appeal has been filed by the appellant/plaintiff against the judgment and decree dated 05.02.2024 passed by the learned 2^nd Additional District Judge, Sakti, District Janjgir- Champa (C.G.), whereby the suit of the appellant/plaintiff for loss of damages has been dismissed. (The parties herein shall be referred as per their nomenclature before the learned Trial Court).

2. Brief facts of the case, as projected by the plaintiff, are that the plaintiff is a registered person who since approximately 1985 (about 34 years), has been engaged in stamp vending and property dealing work. He was involved in several social and business positions. He enjoys considerable respect in his field, society, and the business community. The plaintiff’s growing reputation, honor, prestige, and peaceful life was not appreciated by defendant No.1, who, with the intention of obtaining illegal/unconstitutional benefits from the plaintiff, misused his position and authority beyond legal limits. He issued various illegal notices, threatened him, did not provide sufficient time to reply to the notices, and filed false prosecutions with special interest and ulterior motives. By adopting other methods as well, he harassed the plaintiff physically, financially, and mentally, and demanded five lakh rupees from him, due to which he sent a legal notice dated 29.01.2018 through his advocate to Defendant No.1 and its copies were also forwarded to his superior authorities, requesting that he should be refrained from unnecessary harassment and humiliation. Upon receiving the said notice on 30.01.2018, Defendant No.1 became agitated, enraged, and angered,and within a week, in the stamp deficiency case, through Letter No.1783/Anu./Ashi./Stamp–02/2018, Sakti dated 07.02.2018, and through Letter No. 2424 dated 07.02.2018 issued by Defendant No. 2, an F.I.R. No.0065/2018 was registered against the plaintiff at Police Station Sakti. Thereafter, Defendant No. 3, without conducting any preliminary inquiry and under pressure from Defendant No.1, registered Crime No.65/18 against the plaintiff under Sections 420, 467, 468, 471, and 34 of the IPC. As a result, the plaintiff had to remain in jail for 26 days from 22.02.2018 to 20.03.2018 and was deprived of family comforts and basic conveniences. Defendant No.1, through Letter No.1765 dated 07.02.2018, wrote to the Sub-Registrar, Sakti, in this regard. On the same day, upon receipt of Letter No.10 from the Sub-Registrar, Sakti, Defendan