2025:CGHC:58766-DB NAFR ROHIT KUMAR HIGH COURT OF CHHATTISGARH AT BILASPUR CHANDRA Digitally signed by ROHIT KUMAR CRMP No. 3675 of 2025 CHANDRA Omprakash Nayak S/o Shri Pyarelal Nayak Aged About 46 Years R/o Village Dongaripali, P.S. Sankara, Tehsil - Pithora, District -

Mahasamund Chhattisgarh ... Petitioner versus

1 - State of Chhattisgarh Through Station House Officer, Police Station Sankara, District - Mahasamund Chhattisgarh

2 - Pramod Manjhi S/o Shri Dolamani Manjhi Aged About 52 Years R/o Ward No. 05, Kaushalya Vihar Colony, Basna, Tehsil - Basna, District -

Mahasamund Chhattisgarh ... Respondents For Petitioner : Mr. Surfaraj Khan, Advocate For Respondent No.1/State : Mr. Saumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

04.12.2025

1. Heard Mr. Surfaraj Khan, learned counsel for the petitioner as well as Mr. Saumya Rai, learned Panel Lawyer, appearing for the State/respondent No.1.

2. The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) has been filed by the petitioners with the following prayers :-

“It is, therefore, prayed that the Petition may kindly be allowed and the charge-sheet in Final Report No. 135/2025, under sections 316(3), 316(5), 318(3), 3(5) of the BNS (Annexure P/1) and order taking cognizance dated 28.10.2025 (Annexure P/1), passed in Criminal Case No. 1657/2025, under Sections 316(3), 316(5), 318(3), 3(5) of the BNS, by the Court of learned JMFC Pithora, District-Mahasamund (C.G.), may kindly be quashed (only in respect of petitioner herein), in the interest of justice.”

3. The case of prosecution in anecdote is that, on 29.08.2025, the complainant Pramod Manjhi had lodged a written report stating that during an inspection conducted by his team at the Paddy Procurement Centre, Dongripali (attached to Primary Agricultural Credit Cooperative Society, Jerabhan, P.K. No. 877), a substantial shortage of stock was detected. During the inspection, it was found that 4426.78 quintals of paddy were short, and 10,293 bags of gunny sacks (bardana) were missing valued in total at approximately Rs.1,39,80,343/-. During the course of enquiry, it was revealed that the irregularities were committed by the persons working as In-charges of the Dongripali Procurement Centre, who, in connivance with each other, fraudulently showed excess procurement of 4426.78 quintals of paddy in the names of farmers without any actual purchase. The accused persons further misappropriated the sale proceeds of such falsely shown procurement through the farmers' accounts, thereby committing fraud and criminal misappropriation. On the basis of the written complaint, an FIR No.132/2025, under Sections 316(3), 316(5), 318(3), 3(5) of the BNS was registered against the petitioner and co-accused Bharat Manjhi and the matter was taken up for investigation. Statements of the complainant and witnesses were recorded, who confirmed the incident in their depositions. Relevant registers and documents were duly seized. Accused Bharat Manjhi was interrogated in police custody and documents pertaining to the offence were seized on the basis of his memorandum statement.

4. Co-accused Bharat Manjhi and petitioner were found to have jointly committed the said irregularities during paddy procurement for the marketing year 2024-25 at the Dongripali Procurement Centre. Accordingly, co-accused Bharat Manjhi was arrested on 30.08.2025 and remanded to judicial custody, and the petitioner was released on anticipatory bail by the order of this Court in MCRC(A) No. 1479/2025, vide order dated 24.09.2025.

5. After completion of investigation, charge-sheet was presented against co-accused Bharat Manjhi including the present petitioner on 27.10.2025 before the Court of Judicial Magistrate First Class, Pithora, District – Mahasanumd and the learned Magistrate has taken cognizance vide impugned order dated 28.10.2025. Hence, th