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2026:CGHC:10927-DB

MANPREET

KAUR NAFR

Digitally signed

by MANPREET

KAUR

Date: 2026.03.03

15:35:00 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 519 of 2026

Ayush Kumar Singh S/o Shankar Prasad Singh Aged About 31 Years

(Different/ Wrongly Mentioned In Fir, Challan And Criminal Proceeding

As Ayush @ Monti Singh Rajput), R/o House No. 333, Banki Mongra,

District Korba (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Secretary, Department Of Home,

Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.)

2 - Superintendent Of Police Korba, District Korba (C.G.)

3 - Station House Officer Police Station Civil Line Rampur, District

Korba (C.G.)

4 - Prabhat Yadav S/o Chitrabhan Yadav R/o Village Kharmora, Police

Station Civil Line, Rampur, District Korba Chhattisgarh

... Respondent(s)

For Petitioner(s) : Mr. Shashi Kumar Kushwaha, Advocate

For Respondent(s) : Mr. Soubrah Sahu, Panel Lawyer

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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

03.03.2026

1. Heard Mr. Shashi Kumar Kushwaha, learned counsel for the

petitioner. Also heard Mr. Sourabh Sahu, learned Panel Lawyer

for the respondents / State.

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

“It is therefore prayed that this Hon'ble Court may

kindly be pleased to quash the impugned FIR

bearing No. 296/2025 registered on dated

17.05.2025 at Police Station Civil Line, Rampur,

District Korba, Chhattisgarh filed under section

109, 3 (5) of B.N.S. and quash the charge sheet

filed on 29.07.2025 and entire criminal proceeding

of Criminal Case No. 5633/2025 pending before

learned 3-1 Civil Judge Sr. Division and Chief

Judicial Magistrate Korba Chhattisgarh in

commission of offence under section 109, 3(5) of

B.N.S. against the petitioner, in the interest of

justice.”

3. The prosecution case in brief is that on 16.05.2025 at about 11:15

p.m., near Bhagwat Nagar, Podibahar, when the complainant

along with his brother Pramod Yadav was conversing with his

friend Vikrant Sahu, the juvenile co-accused Muni Tripathi and the

present petitioner Monty allegedly reached the spot due to an old

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enmity and started assaulting Pramod Yadav. During the scuffle, it

is alleged that the juvenile, armed with a button knife and holding

a mobile phone in his other hand, stabbed Pramod Yadav

repeatedly with an intention to kill him, causing injuries on his

stomach, chest, waist, face and hands. When the complainant

intervened to rescue his brother, he too was allegedly assaulted,

sustaining injury on one of his fingers. On the basis of the said

incident, an offence under Sections 109 and 3(5) of the B.N.S.

has been registered against the petitioner at Police Station Civil

Lines, Rampur, District Korba (C.G.). After completion of

investigation, the police have filed the charge-sheet before the

learned Chief Judicial Magistrate, Korba, where it has been

registered as Criminal Case No. 5633/2025 and the trial is

presently pending against the petitioner.

4. Learned counsel for the petitioner submits that the action of the

respondents in implicating the petitioner is wholly illegal,

erroneous, discriminatory and contrary to settled principles of law.

It is contended that the petitioner is innocent and has been falsely

implicated due to previous enmity between the complainant party

and the juvenile co-accused. In fact, as per the petitioner, the

complainant along with several other persons had restrained and

quarreled with the juvenile on account of old rivalry, and the

present petitioner had already left the spot and played no role

whatsoever in the alleged incident, nor does he have any

connection or association with the said juvenile. It is further

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argued that the alleged button knife has been seized exclusively

from the possession of the juvenile co-accused, who has already

been granted bail by the competent Court, and no incriminating

article has been recovered from the petitioner. Learned counsel

submits that