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2026:CGHC:13614-DB NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 816 of 2026

1. Jai Kumar Dewangan (In Person) S/o Homji Lal Dewangan, Aged About 36 Years R/o Village Sakarra, Tahsil Adbhar, P.S.

Malkharouda, District Sakti Chhattisgarh

2. Smt Dimple Dewangan W/o Jai Kumar Dewangan Aged About 33 Years Son Of Homju Lal Dewangan, R/o Village Sakarra, Tahsil

Adbhar, P.S. Malkharouda District Sakti Chhattisgarh ... Petitioner(s)

versus

1. State of Chhattisgarh Through Its Secretary, Department of Home, Mahanadi Bhawan, New Mantralaya Atal Nagar, Naya Raipur

District Raipur Chhattisgarh

2. Superintendent of Police, Mungeli, District Mungeli (C.G.)

3. Station House Officer, Police Station City Kotwali, Mungeli, District Mungeli Chhattisgarh

4. Aaryan Toppo S/o Prabodh Toppo Aged About 19 Years R/o Karhi Colony In Fromnt Of Coolectorate District Mungeli Now, C/o Father Prabodh Toppo, Judge Family Court Address District And Sessions Court South Chakradhar Nagar, Raigarh, District

Raigarh (C.G.)

...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioners : Mr. Jai Kumar Dewangan, in person.

For Respondent/State : Mr. Priyank Rathi, Government Digitally signed by BRIJMOHAN BRIJMOHANMORLE Advocate.

MORLE Date:

2026.03.23 17:40:32 +0530

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

Order on Board

Per Ramesh Sinha , Chief Justice

23 .03.2026

1. Heard Mr. Jai Kumar Dewang, petitioner in person. Also heard Mr. Mr. Priyank Rathi, learned Government Advocate, appearing for the

State/respondents No. 1 to 3.

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

following prayers:

“1. That, Hon’ble Court may kindly be pleased to allow the instant petition under Section 528 of BNSS, 2023

filed by the petitioner, in the interest of justice.

2. That, Hon’ble Court may kindly be pleased to quash the FIR bearing No. 322 of 2022 registered on dated 28.05.2022 at Police Station Mungeli, District Mungeli Chhattisgarh filed under Section 420, 34 of IPC in the

interest of justice.

3. That, Hon’ble Court may kindly be pleased to acquit the petitioners from alleged offence under Section 420, 34 of IPC on the basis of delayed proceeding in the light to judgment of the Hon’ble Supreme Court, in

the interest of justice.

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4. That, the Hon’ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon’ble Court deemed fit & just in the facts and circumstances

of the case, in the interest of justice.”

3. Petitioner No. 1 appears in person and seeks quashing of FIR No.322 of 2022 registered for the alleged offence under Section 420/34 of the IPC, along with the entire investigation proceedings, on the ground that the same are illegal, arbitrary, and contrary to settled principles of law. He submits that as per the prosecution case, the minor complainant alleged that petitioner No. 1, namely Jai Kumar Dewangan, along with his cousin Vishnu Dewangan, had acquaintance with the complainant’s family and was entrusted with the care of the complainant’s mother during her treatment at CMC Vellore. It is further alleged that petitioner No. 1 had access to an ATM card through which an amount of Rs. 6,96,936/- was withdrawn illegally by an unknown

person, leading to registration of the impugned FIR.

4. The petitioner further submits that despite lapse of more than three years and nine months from the date of registration of the FIR, the investigating agency has neither completed the investigation nor filed the charge-sheet, which is in violation of statutory provisions and has caused serious prejudice to the petitioners. It is also contended that the FIR itself has been lodged after an inordinate and unexplained delay, as the alleged transactions took place between 16.12.2016 and 19.08.2020, whereas the FIR was registered on 28.05.2022, thereby

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casting serious doubt on the veracity of the allegations.

5. It is further submitted that at the time of the alleged inci