2026:CGHC:2112-DB Digitally signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2026.01.14

17:54:24 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 125 of 2026 Mayank Chhallani S/o Shri Vinod Chhallani Aged About 40 Years R/o Ganj Road, Nawapara, P.S. Gobra- Nawapara, District Raipur C.G.

... Petitioner versus

1 - State of Chhattisgarh Through P.S. Gobra- Nawapara, District Raipur C.G.

2 - Shri Mahendra Jain @ Chandu Lal S/o Shri Gulab Chand Jain Aged About 74 Years R/o Ward No. 05, Station Para, Gobra-Nawapara, P.S.

Gobra- Nawapara, District Raipur C.G.

... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Rajeev Shrivastava, Senior Advocate assisted by Mr. Kashif Shakeel, Advocate For State/Respondent : Mr. Shaleen Singh Baghel, Government No.1 Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

14.01.2026

1. Heard Mr. Rajeev Shrivastava, learned Senior Counsel assisted by Mr. Kashif Shakeel, learned counsel for the petitioner as well as Mr. Shaleen Singh Baghel, learned Government Advocate, appearing for the State/respondent No.1.

2. The petitioner has filed the instant petition with the following reliefs :-

“1. The Hon'ble Court may kindly call for Case Diary of the Crime No. 245/2025 registered before the Police Station Gobra Nawapara, District Raipur (C.G.) &;

2. The Hon'ble Court may be pleased to quash the First Information Report No. 245/2025 dated 04.07.2025 (Annexure P-1) & Chargesheet No. 220/2025 dated 21.08.2025 (Annexure P-2) & Order of Cognizance dated 04.09.2025 as well as further Criminal Proceedings of Sessions Case No. 377/2025 including Order of Committal dated 27.10.2025 and Order dated 10.11.2025 of registration of Sessions Case No. 377/2025 (Annexure P-3) under Section 108, 3(5) of Bharatiya Nyay Sanhita, 2023 pending against the present Petitioner before the 12th Additional Sessions Judge, Raipur (CG), in the interest of justice.”

3. Brief facts of the case, in a nutshell are that on 30.07.2024 at Gobra-Nawapara, District Raipur (C.G.), one Saurabh Jain committed suicide by hanging himself in his own house. Immediately upon receipt of merg intimation, the police conducted inquiry on the very same day and recorded the statements of the deceased’s parents and wife, who were present at the spot. In their contemporaneous statements, it was categorically stated that the deceased was addicted to gambling, was under a debt of about ₹2–2.5 lakhs, and due to such financial distress took the extreme step; no allegation or suspicion was raised against any person whatsoever.

4. Nearly one month thereafter, on 02.08.2024, the father of the deceased for the first time produced an alleged suicide note during the merg proceedings, wherein it was stated that certain persons, including the present Petitioner, had sold the deceased’s house and shop at a lesser value and had not returned certain amounts, purportedly causing him mental stress. Despite the fact that the initial merg report and statements of the family members consistently attributed the suicide to gambling addiction and personal debt, after an unexplained delay of almost eleven months from the date of incident, an FIR dated 04.07.2025 came to be registered at the instance of Respondent No.2 under Sections 108 and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleging abetment of suicide against the Petitioner and other co- accused, who are stated to be distant relatives of the deceased. It is relevant to note that the Petitioner had cordial relations with the deceased and his family and had, in fact, extended financial assistance to the deceased’s father on several occasions.

5. Pursuant to the registration of the FIR, the Petitioner, who had voluntarily cooperated with the investigation, was arrested, whereas the other co-accused were granted anticipatory bail. Subsequently, the Petitioner was also enlarged on regular bail by the competent Court. Up