2026:CGHC:13917-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 839 of 2026

1 - Sanjay Singh Chouhan S/o Late Gajendra Singh Chouhan, Aged About 48 Years, Office of 5^th Bataliyan, CGAF Jagdalpur, District- Baster, Chhattisgarh ... Petitioner versus

1 - State of Chhattisgarh Through Officer In Charge Police Station-

Frejpur, District- Baster, Chhattisgarh

2 - Senani Office of 5^th Bataliyan, CGAF, Jagdalpur, District- Baster, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Love Kumar Ramteke, Advocate.

For Respondent-State : Mr. N.K. Jaiswal, Deputy Govt. Advocate.

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

Order on Board

Per Ramesh Sinha, Chief Justice

24-03-2026

1. Heard Mr. Love Kumar Ramteke, learned counsel appearing for the petitioner. Also heard Mr. N.K. Jaiswal, learned Deputy Govt.

Advocate, appearing for the Respondent No.1/State.

MOHAMMED AADIL KHAN Date: 2026.04.01

2. The present petition has been filed by the petitioner under Section

528 of BNSS, 2023 for quashing of the FIR dated 25-06-2025 registered at Police Station Frezarpur (mentioned in the petition as ‘Frejpur’), District Bastar in Crime No. 0136/2025 for the offences under Section 420, 409, 467, 468, 471 and 34 of the IPC.

3. The brief facts of the case are that on 25-06-2025 the FIR has been registered against the petitioner and another co-accused at Police Station Frezarpur, District Bastar in Crime No.0136/2025. The said FIR has been lodged by Company Commander, 5^th Battalion, Chhattisgarh Armed Force Kangoli. It is alleged in the FIR that in the 5^th Battalion there are number of officers and employees whose account were running in the said 5^th Battalion and the amount deposited by the officers/employees are being given on loan at the fixed rate of interest to the employees to facilitate their work and such interest is being invested in the benefit of Chhattisgarh Police Karmachari Sakh Kalyan Samiti Maryadit, 5^th Battalion CGAF, Jagdalpur. The account of the said society was being maintained by the petitioner and the co- accused. In the year 2021 at the time of audit it was found that there was misappropriation of fund total amounting Rs.3,62,01,715/- which was enquired by an Enquiry Committee consists of Audit Officers and Inspector. In the enquiry it was found that the petitioner and the co-accused have committed the misappropriation of funds by manipulating the documents. They had taken the fixed deposits receipts of the employees and its amount was taken in daily cash book and shown the payment of Rs.14,00,000/- as interest. There was no fixed deposits issued to 271 members of the society, but in the daily receipts and cash book Rs.10,63,40,000/- was shown as incoming amount and Rs.1,01,29,000/- as payment to 61 members have been shown to be paid on their amount of fixed deposits and there was misappropriation of total Rs.1,27,18,234/-. With respect to 23 members double payment have been mentioned which comes to amount of Rs.6,54,456/- under the same head, with respect to 35 members Rs.46,33,440/- have already been misappropriated. Payment of Rs.24,75,000/- to Dandkaranya Gas Agency have been made without there being any sanction for payment and Rs.41,91,585/- is balance for its payment. The petitioner and the co-accused persons have committed the offence by forging the signatures and forging the documents. There was misappropriation of total Rs.3,62,01,715/-. On being interrogation the petitioner could not give satisfactory explanation and then the FIR has been lodged, which is under challenge in the present petition.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence. The petitioner has also faced departmental enquiry under Departmental Service Conduct Rules and he cannot be prosecuted twice for the same offence. The petitioner was not In-charge of the said account cell and it was being maintained by the co-accused. The