Criminal proceedings cannot be sustained solely on the basis of a custodial memorandum statement of a co-accused without independent discovery or corroborating evidence; such prosecution lacks evidentiary foundation and amounts to an abuse of the court's process when clearly established as a pattern of malicious intent.

Order on Board

Per Ramesh Sinha, Chief Justice

19.03.2026

1. Heard Mr.Prakash Tiwari, learned counsel for the petitioner as well as Mr.Priyank Rathi, learned Government Advocate appearing for the respondents/State.

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

“ It is therefore prayed that the Hon'ble court may kindly be pleased to allow the petition and set aside the impugned F.I.R. No. 0425/2025 dated 29.04.2025 lodged at Police Station City Kotwali, Balodabazar, Chhattisgarh along with Chargesheet No. 453/2025 dated 26.05.2025 registered U/s 6 of the Chhattisgarh Gambling (Prohibition) Act, 2022 and the Order dated 04.02.2026 passed by the First Additional Sessions Judge, Balodabazar-Bhatapara (Chhattisgarh), in Criminal Revision Case No. 04/2026 arising out of Criminal Case No. 2608/2025 pending before Chief Judicial Magistrate Baloda Bazar in the ends of justice.”

3. Brief facts are necessary for the case are that the Police Station City Kotwali, Balodabazar (C.G.) has initiated criminal proceedings against the petitioner under F.I.R. No. 0425/2025, under Section 6 of the Chhattisgarh Gambling (Prohibition) Act, 2022, on the basis of information received by Head Constable Aadoram Dhruv. On 29.04.2025 at about 11:30 AM, the police conducted a raid in village Rawan and apprehended a 75-year-old individual, namely Hariram Verma, who was allegedly caught red-handed writing Satta-Patti. Upon his arrest, the police seized ₹600/- and certain gambling materials from his exclusive possession. During the course of the investigation, the police recorded the memorandum statement of the co-accused, Hariram Verma. In the said statement, the co-accused allegedly claimed that he was writing betting slips at the behest of the present applicant, Rajnarayan Sahu, for a 10% commission, and further alleged that the petitioner managed the operations through a specific mobile number. Acting solely on this custodial confession, the police arrayed the petitioner as Accused No. 2. Despite the absolute lack of incriminating material, the police authorities filed the chargesheet on 26.05.2025 in Crime No. 425/2025 for an offence punishable under Section 6 of the Chhattisgarh Gambling (Prohibition) Act, 2022.

4. The petitioner, being aggrieved by this baseless implication, filed an application for discharge under Section 262 of the BNSS before learned Chief Judicial Magistrate, Balodabazar. However, vide order dated 15.01.2026, learned Trial Court rejected the application in a mechanical manner without considering that the memorandum of a co-accused does not constitute “legal evidence.”

5. The petitioner subsequently challenged the said order by way of a Criminal Revision in Criminal Revision Case No. 04/2026 arising out of Criminal Case No. 2608/2025 pending before the Chief Judicial Magistrate, Balodabazar, before the First Additional Sessions Judge, Balodabazar. Vide the impugned order dated 04.02.2026, learned Lower Court dismissed the revision, erroneously holding that a prima facie case exists and that the merits of the evidence cannot be evaluated at this stage.

6. It is respectfully submitted that the petitioner has been a victim of targeted harassment by the local police. In order to expose this pattern of malicious prosecution, the petitioner applicant filed an application under the Right to Information Act to obtain a list of all criminal cases previously filed against him. The RTI records reveal a startling fact, namely that in every single case previously instituted against the petitioner by the p