V PADMAVATHI Date: 2026.01.09

2026:CGHC:1077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2636 of 2025 Dhaniram Sahu S/o Lakhan Sahu Aged About 48 Years R/o Khairjhiti, Thana Bilaigarh, District Sarangarh-Bilaigarh (C.G.)

... Petitioner(s)

versus

1 - Maheshwari Sahu S/o Mahadev Sahu Aged About 50 Years R/o Tenganakachhar, Thana Sahila, District Sarangarh- Bilaigarh (C.G.)

2 - Mela Bai Yadav W/o Mannu Lal Yadav Aged About 55 Years R/o Khairjhiti, Thana And Tahsil Bilaigarh, District Sarangarh- Bilaigarh (C.G.)

... Respondents (Cause title is taken from the CIS)

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For Petitioner : Shri CR Sahu Advocate For Respondent-1 : Ms Preeti Yadav, Advocate For Respondent-2 ; Shri BL Sahu, Advocate ------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

07.01.2026

1. The petitioner has filed the present Criminal Miscellaneous Petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short, “BNSS”) against the order dated 16.07.2025 passed by the learned Court of Additional Judge, Sarangarh of the learned Additional Sessions Judge, District- Sarangarh-Bilaigarh, CG, in Criminal Revision No. 02 of 2024, whereby the Criminal Revision filed by respondent-1/complainant is allowed, and learned trial Court is directed to further enquire into the matter, and to proceed in accordance with law.

2. Facts of the case, in brief, are that present petitioner is proposed accused in the application filed by respondent-1 before the learned trial Court under Section 156(3) of the CrPC. It was alleged in the application that complainant is resident of Gram Panchayat Khairjhiti, and respondents-1 and 2 were elected Sachiv and Sarpanch respectively, in the year 2017-18. During their tenure, accused persons have misappropriated government fund under 13^th and 14^th government schemes. It is also alleged amount of Rs.3,41,000/- was misappropriated by withdrawing the same through cheques by the proposed accused persons. Complainant has also made a complaint to the Police Station- Bilaigarh on 23.03.2022 but no action has been taken by the Police, and then, application under Section 156(3) of the CrPC is filed by the complainant before the learned trial Court.

3. Learned trial Court, after receiving application from the complainant, vide its memo dated 02.06.2022, called the Police report from the concerned Police Station. Police Station Bilaigarh, after conducting enquiry, submitted its report before the learned trial Court on 18.04.2023, and according to the report, there is no misappropriation of any government fund, and the amount withdrawn from the bank by the proposed accused persons has duly been disbursed to its beneficiaries. Along with the police report, copies of the statements of the witnesses, and enquiry report of the Janpad Panchayat had also been annexed. Considering the material available along with the application filed by the complainant, and the Police report submitted by Police Station Bilaigarh, learned trial Court rejected the application vide order dated 30.09.2023, stating therein that in the Police enquiry report, no prima facie offence is found alleged to be committed by the proposed accused persons, and therefore, for want of sufficient material for registration of the FIR, application filed by the complainant was rejected.

4. Complainant/respondent-1 has filed a revision against the order dated 30.09.2023 before the learned Revisional Court and the learned Court, after hearing the parties, vide its order dated 16.07.2025, allowed the revision, set aside the order passed by the learned trial Court, and remitted the matter back for further enquiry, and to proceed in accordance with law, which is under challenge in this petition.

5. Learned counsel for the petitioner would submit that on the basis of