2025:CGHC:59627-DB Digitally signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2025.12.09

16:11:31 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3733 of 2025 Nandu Uikey S/o Mahavir Singh Aged About 35 Years Caste Gond, R/o Village Shripur, Tehsil And P.S. Kelari, Distt. Manendragarh Bharatpur Chirmiri, C.G., Presently R/o Police Line Aadawal, Block S-1, P.S. Bod-

hghat, Jagdalpur, Distt. Bastar (Jagdalpur), Chhattisgarh.

... Petitioner versus

1 - State of Chhattisgarh Through The Police Station Bodhghat, Distt.

Bastar, Chhattisgarh.

2 - Abc Details In A Closed Envelope.

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

For Petitioner : Mr. Ujjawal Agrawal, Advocate For Respondent No.1-State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

09 .12.2025

1. Heard Mr. Ujjawal Agrawal, learned counsel for the Petitioner as well as Ms. Soumya Sharma, learned Panel Lawyer, appearing for the State/Respondent No.1.

2. The present petition has been filed by the Petitioner with the following relief(s):-

“i. First Information Report (FIR) bearing No. 146/2025 dated 28.03.2025 registered at Police Station Bodhghat, District Bastar, Chhattisgarh;

ii. The consequential charge sheet bearing No. 113/2025 dated 10.04.2025, arising out of the aforesaid FIR, filed for the alleged commission of offences punishable under Sections 78 and 296 of B.N.S. 2023;

iii. The order dated 22.05.2025 passed by the learned Chief Judicial Magistrate, Jagdalpur, District Bastar, Chhattisgarh, taking cognizance of the aforementioned charge sheet, along with all consequential orders arising therefrom;

iv. The entire proceedings of Criminal Case No. 3448/2025 titled "State of Chhattisgarh vs. Nandu Uikey', pending before the Court of the learned Judicial Magistrate First Class, Jagdalpur, District Bastar, Chhattisgarh.

3. Brief facts of the case are that, an FIR was registered against the Petitioner on 28.03.2025 at Police Station Bodhghat, District Bastar, Chhattisgarh, on the basis of a written complaint lodged by Respondent No.2/Complainant. It was alleged that on 27.03.2025 at around 11:35 PM, while the Complainant was present at her government quarter along with her children, the Petitioner, who resides in the same locality in Block S-1 and is posted as a Constable at Jagdalpur Airport came near her residence, abused her in filthy language, and knocked and kicked her door, asserting that he wanted to speak to her with an improper intention. It was further alleged that on an earlier occasion, during the intervening night of 06–07.12.2024 between 12:00 midnight and 1:00 AM, the Petitioner had made repeated phone calls to the Complainant on her mobile number from his two mobile numbers.

4. Pursuant to the said written complaint, FIR No. 146/2025 was registered for the offence punishable under Section 78 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’), whereafter investigation commenced. The Police arrested the Petitioner, recorded his memorandum, examined witnesses, and upon completion of investigation, filed charge-sheet No. 113/2025 dated 10.04.2025 before the Chief Judicial Magistrate, Jagdalpur, for offences under Sections 78 and 296 of the BNS. Vide order dated 22.05.2025, the learned Chief Judicial Magistrate took cognizance of the offences and the matter now stands posted on 06.01.2026 for arguments on charge before the learned Judicial Magistrate First Class, Jagdalpur.

5. Mr. Ujjawal Agrawal, learned counsel for the Petitioner submits that the Petitioner is a serving Police Constable and continuation of the criminal proceedings is likely to seriously jeopardize his career and future prospects. It is urged that the FIR registered on 28.03.2025 at the instance of Respondent No.2/Complainant alleging stalking is wholly misconceived, as the allegations, even if taken at their face value, merely pertain to an alleged verbal exchange, kn