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2026:CGHC:15814-DB NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 903 of 2026

1 - Jagdish Tiwari S/o Lt. Girijashankar Tiwari Aged About 71 Years R/o Tiwari Timber, Agrasen Chowk, Durg, P.S. Mohan Nagar, District Durg,

MANPREET KAUR Chhattisgarh.

Digitally signed by MANPREET KAUR Date: 2026.04.08 10:54:34 +0530

2 - Amrita Tiwari D/o Jagdish Tiwari Aged About 34 Years R/o Tiwari Timber, Agrasen Chowk, Durg, P.S. Mohan Nagar, District Durg,

Chhattisgarh.

3 - Smita @ Soni Tiwari D/o Jagdish Tiwari Aged About 36 Years R/o Tiwari Timber, Agrasen Chowk, Durg, P.S. Mohan Nagar, District Durg,

Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Mohan Nagar, District Durg, Chhattisgarh.

2 - Sapna Singh Rajput W/o Sanjay Singh Rajput Aged About 47 Years Posted As Woman Constable No. 1292, Police Station Mohan Nagar,

District Durg, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Shikhar Bakhtiyar, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Deputy G.A.

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Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Judgment on Board Per Ramesh Sinha , Chief Justice

07.04.2026

1. Heard Mr. Shikhar Bakhtiyar, learned counsel for the petitioners.

Also heard Mr. Nitansh Jaiswal, learned Deputy Government

Advocate for respondent No.1 / State.

2. The petitioner has filed this petition with the following prayer:

“ A) That this Hon'ble Court may kindly quash and set-a-side the FIR No.118/2025, Dated:27/03/2025, registered with P.S. Mohan Nagar, District Durg for the offence punishable under section 296, 115(2), 132, 221, 121(1), 3(5) of BNS, 2023 registered with P.S. Mohan Nagar, District Durg, Chhattisgarh, in the

interest of Justice.

B) That the Hon'ble Court may kindly be pleased to quash the entire charge-sheet in crime no. 118/2025 for the offences u/s 296, 115(2), 132, 221, 121(1), 3(5) of BNS, 2023 filed against the petitioners on dated 26/07/2025 before the Chief Judicial Magistrate, Durg, District Durg, Chhattisgarh,

in the interest of justice.

C) That the Hon'ble Court may kindly be pleased to quash the order dated 26/07/2025 whereby the Ld. Chief Judicial Magistrate,

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Durg, District Durg in Regular Criminal Case no. 24040/2025 has taken the cognizance and also the further proceedings be quashed in criminal case no. 24040/2025 pending before the Ld. Chief Judicial Magistrate, Durg, District

Durg, Chhattisgarh.

D) That any other relief Hon'ble Court deems feet may also be granted.”

3. Brief facts necessary for disposal of the case are that petitioner

No.1, who is a practicing advocate at Durg, along with other petitioners, has approached this Court being aggrieved by the registration of FIR No.118/2025 dated 27.03.2025 at Police Station- Mohan Nagar, District- Durg for the alleged offences punishable under Sections 296, 115(2), 132, 221, 121(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, which has arisen out of a complaint lodged by a Female Constable of the said police station alleging that on 27.03.2025 a specialized team of ACCU, Durg comprising ASI Gumeshwar Yadav and other police personnel arrived at the police station and, under the directions of the Station House Officer and senior officers, the complainant along with another female constable joined the said team for official duty and proceeded to the residence of one Jagdish Prasad Tiwari at Agrasen Chowk, Durg for making inquiry regarding his son Jatin Tiwari, whereupon it is alleged that during the course of such inquiry the petitioners namely Jagdish Prasad Tiwari and his daughters Amritha Tiwari and Soni alias Smita Tiwari became

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aggressive, questioned the authority of the police personnel, used abusive language, and allegedly obstructed the discharge of official duties, including engaging in physical scuffle and tearing of uniform/badge of the police personnel, and further that even upon arrival of the Station House Officer at the spot the alleged conduct con