2025:CGHC:55756-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3459 of 2025

1. Keshav Das Nagwani S/o Arjun Das Nagwani Aged About 62 Years R/o Amlidih Shri Ji Vaishali, P/s New Rajendra Nagar, Raipur, Chhattisgarh.

2. Prakash Rathore S/o Manoj Rathore Aged About 25 Years R/o S3, Farishta Complex, Rajbandha Maidan, P/s Moudhapara, Raipur, Chhattisgarh.

3. Navin Khatri S/o Keshav Lal Khatri Aged About 38 Years R/o House No. 39, Sector 2, Anand Vihar, P/s Telibandha, Raipur, Chhattisgarh.

4. Kamesh Rao S/o Ishwar Rao Aged About 29 Years R/o Janta Colony, Quarter No. 348, P/s Gudhiyari, Raipur, Chhattisgarh.

5. Mo. Farukh S/o Mo. Abdul Gaffar Aged About 44 Years R/o Mowa, V V Vihar, Street No. 06, P/s Pandri Mowa, District Raipur, Chhattisgarh.

... Petitioner(s)

versus

1. State of Chhattisgarh Through SHO P/s Golbazar, Raipur, Chhattisgarh.

2. Vipin Thakur S/o Vinay Thakur Aged About 40 Years R/o Ward No.

44, Kaurin Bhata, Rajnandgaon, Chhattisgarh. Currently At Himalyan Heights, Block No. 05, Dumartarai, P/s Mana Raipur, Chhattisgarh.

Digitally signed by BRIJMOHAN BRIJMOHAN MORLE ...Respondent(s)

MORLE Date:

2025.11.17 +0530 (Cause-title taken from Case Information System)

For Petitioners : Mr. Vinay Nagdev, Advocate through video conferencing.

For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

17.11.2025

1. Heard Mr. Vinay Nagdev, learned counsel for the petitioners through video conferencing. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondent No. 1.

2. The present petition has been filed by the petitioners with the following prayer:

“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash the impugned FIR numbered 61/2025, dated 18.04.2025 registered at Police Station Gol Bazar, Raipur, C.G., for offences under Section 146 of the Bharatiya Nyay Sanhita, 79 of the Juvenile Justice Act and Section 3 and 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as also the charge-sheet filed in pursuance to the said FIR i.e., charge-sheet No. 64/2025 and the criminal proceedings initiated on the basis of the said charge-sheet in criminal case number 28335/2025, titled as “State of C.G. vs. Keshave Das Nagwani & Others”, pending before the JMFC, Raipur, C.G., and the order taking cognizance dated 02.07.2025 passed by the learned Court below to secure the ends of justice.”

3. Learned counsel for the petitioner submits that on 18.04.2025, the complainant/respondent No. 2 lodged a written report before the concerned Police Station alleging that, pursuant to the directions of the District Administration, Raipur, a rescue operation had been conducted on 17.04.2025 by a joint team comprising the complainant, the Protection Officer of the Women and Child Development Department, and police personnel of Police Station Golbazar, under the supervision of the ASP, ICUAW, Raipur. According to the complaint, six children, all admittedly above the age of fourteen years, were allegedly found engaged in hazardous and underpaid work in five shops owned by the petitioners. It was stated that Rojnamcha Sanha No. 27 was recorded regarding the incident and that offences under the Bharatiya Nyay Sanhita (BNS), the Juvenile Justice Act, and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 stood attracted.

4. Learned counsel for the petitioner further submits that based on this complaint, FIR No. 61/2025 dated 18.04.2025 was registered for offences under Section 146 of the BNS, Section 79 of the JJ Act, and Sections 3 and 14 of the Child Labour Act. During investigation, the police recorded the statements of the children and their parents/guardians and seized their birth certificates and school admission registers. A plain reading of these statements, it is argued, clearly reveals that none of the ingredients of th