2026:CGHC:195 NAFR Digitally signed HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET by INDRAJEET SAHU SAHU Date: 2026.01.09

17:25:03 +0530 CRMP No. 3756 of 2025

1 - Sayyed Raahim Adnan Ali S/o Sayyed Azhar Ali Aged About 20 Years R/o Ward No. 10, Rajendra Nagar, District Bilaspur (C.G.)

... Petitioner(s)

versus

1 - State of Chhattisgarh Through Station House Officer Rakhi, Police Station Rakhi, District Raipur (C.G.)

2 - Sub Divisional Magistrate Abhanpur District Raipur, Chhattisgarh.

... Respondent(s)

For Petitioner : Shri Surfaraj Khan, Advocate.

For State : Ms. Sunita Manikpuri, Govt. Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

02.01 . 202 6

1. The present Criminal Misc. Petition under Section 528 of BNSS, 2023 has been filed seeking quashment of entire criminal proceedings drawn in case No.243 of 2025 under Sections 170,126 and 135(3) of BNSS, 2023 by the Sub Divisional Magistrate (Abhanpur), District Raipur.

2. The subject matter in brief is that, on 10.10.2025 at about 13:20 hours the petitioner was arrested by the police of Police Station, Rakhi, District Raipur at the time when he was creating nuisance near IIIT College Gate, Sector-24, Nawa Raipur by hurling abuses that he has been falsely implicated in the offence and get him suspended from the College and despite convincing by the Guards and bypassers he could not convince. When his nuisance became aggravated, the police were called and petitioner was arrested under the preventive action under Section 170 of BNSS, 2023 and Istgasha under Section 126 and 135(3) BNSS was prepared. On the same day the petitioner was produced before the SDM, Abhanpur, District Raipur and preliminary order was passed asking him to furnish bail bond for keeping peace. When the petitioner failed to produce bail bond, he was sent to jail. He furnished his bail bond on 13.10.2025 and then he was released from jail. Thereafter, on 10.11.2025 the proceeding of the case was closed as the petitioner already submitted his bond for keeping peace and no other complaint was received against him. The petitioner is challenging the entire proceeding of case No.243 of 2025.

3. Learned counsel for the petitioner would submit that the petitioner was arrested under the preventive action of Section 170 of BNSS and he could not be detained more than 24 hours by the police, yet he was sent on jail and he could be released only on 13.10.2025. There is no provision to pass interim order under Section 170 of BNSS, 2023, yet an interim order under Section 170 of BNSS was passed and asked the petitioner to submit bail bond which is against the requirement of law. He would also submit that the preliminary order dated 10.10.2025 passed by the SDM is illegal on the ground that procedure prescribed under Section 130 and 135 of BNSS are not followed and the petitioner was kept in jail without any enquiry and directly the order has been passed on 10.10.2025. He was illegally kept behind the bar for about 3 days. In the proceeding under Section 170 of BNSS, only bond of the concerned person is required and not the surety, yet the petitioner was asked to furnish surety. The entire action of the police authority amounts to misuse of powers conferred upon them. Without there being any preliminary enquiry or show cause notice, no proceeding can be drawn against him and the entire proceeding would affect his career as the petitioner is a student of B.Tech., Third Year at IIIT, Raipur. Therefore, the entire proceeding may be quashed and the respondent authorities may be directed to act and proceed in accordance with law. In support of his contention, he would rely upon judgment of MP High Court in case of Babulal Vs. State of M.P., 1991 MPLJ 26

4. On the other hand, learned counsel for the State opposes the submissions made by the counsel for the petitioner and would submit that on 10.10.2025 the petitioner was found creating nuisance near College Gate and then police arrested him on the apprehension of breach