2026:CGHC:12393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 459 of 2016 Abhay Narayan Pandey S/o Late Aditya Narayan Pandey, Aged About 52 Years R/o- Village- Dipadihkala, Police Station And Tahsil-

Digitally signed by SHOAIB SHOAIBANWAR ANWAR Date:

2026.03.17 Shankargarh, District- Surguja, Chhattigarh, At Present R/o-

10:21:15 +0530 Namnakala Ward No. 11, Ambikapur, District- Surguja, Chhattisgarh.......Plaintiff., Chhattisgarh ... Appellant versus

1 - Ajmer Singh S/o Kewali Singh, Aged About 43 Years Veterinary Doctor Posted At Veterinary Hospital, Village- Pasta, Police Station- Balrampur, District- Balrampur, Chhattisgarh., Chhattisgarh 2 - Sapan Choudhari, S/o S. Choudhari, Aged About 40 Years At Present Posted As Station House Officer, Kotwali Ambikapur, District- Surguja, Chhattisgarh, At Present R/o- Station House Officer- Dhamtari, District- Dhamtari, Chhattisgarh., District :

Dhamtari, Chhattisgarh

3 - Hemant Kharre, Aged About 62 Years Station House O Police Station Koni, District- Bilaspur, Chhattisgarh, R/o- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

4 - Shivram Prasad Kalluri, S/o Shri Ganga Raju, Aged About 50 Years Superintendent Of Police District- Balrampur, Chhattisgarh, At Present R/o Inspector General Of Police Chhattisgarh Arms Force Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 5 - Brijesh Tiwari, S/o Devdutt Tiwari, Aged About 40 Years F.F. Platoon Commander, District- Balrampur, Chhattisgarh, At Present Posted As Bhilai, District- Durg, Chhattisgarh,......Defendants., District : Durg, Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For Appellant : Mr. Mo. Naqeeb, Advocate appears on behalf of Shri Kuldeep Singh, Advocate Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

16.03.2026

1. By the present appeal under Section 100 of the CPC, the appellant/plaintiff challenging the impugned judgment and decree dated 30.07.2016 passed by the Learned 5^th Additional District Judge, Ambikapur Distt- Surguja (C.G.) in Civil Appeal No. 1B/2012 (Abhay Narayan Pandey vs. Ajmer Singh & Others) arising out of the judgment and decree dated

29.09.2012 passed by the learned Civil Judge, Class- I, Ambikapur, District Surguja (C.G.), in Civil Suit No. 1B/2012 (Abhay Narayan Pandey vs. Ajmer Singh & Others). For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The present suit has been filed by the plaintiff seeking compensation for the damages suffered by him due to a malicious prosecution instituted against him by the defendants.

3. The case of the plaintiff is that he is the President of Swaraj Mazdoor Union, Boxite Mine, Surguja and is also a social worker. In the course of his social activities, he had been raising public issues and organizing lawful protests to draw the attention of the authorities. The plaintiff had made several complaints and agitations against Defendant No.1 to 5 alleging misuse of official position and misappropriation of public funds meant for welfare works, as well as acts of harassment and exploitation of common citizens. Due to this, the defendants developed personal enmity against the plaintiff. In furtherance of this enmity and under a criminal conspiracy, Defendant No.1 was allegedly used as a tool to lodge a false and fabricated complaint dated 28.03.2005, which was submitted at Police Station Shankargarh on 31.03.2005. Without proper investigation, the plaintiff was falsely prosecuted and arrested by Defendant No.2. It is further alleged that the police officials behaved brutally with the plaintiff, causing humiliation and his reputation was ruined in society. During trial, the prosecution failed to prove the allegations and the court ultimately acquitted the plaintiff. Defendant No.1 also filed an affidavit before the court stating that the complaint was lodged under pressure from certain influential persons and was not based on a real incident. Due to such malicious prosecution, the plaintiff