2026:CGHC:20835-DB ALOK SHARMA Date: 2026.05.07 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1231 of 2026

1 - Ajay Agrawal S/o Late Tikaram Agrawal Aged About 54 Years R/o Prem Nagar, Rajgaamar Colony, Rajgaamar, Korba, District Korba (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The District Magistrate, Korba, District- Korba (C.G.)

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

3 - The Station House Officer Police Station- Balco Nagar, District Korba (C.G.)

4 - Sangeeta Yadav W/o Late Anil Yadav Aged About 38 Years R/o- Jivan Housing Board Colony, Industrial Area, Kharmora, Thana Civil Lines, Rampur, District- Korba (C.G.)

.. Respondent(s)

For Petitioner(s) : Mr. Hari Agrawal, Advocate.

For Respondent/State : Mr. Nitansh Kumar Jaiswal, Dy. Govt.

Advocate.

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

Order on Board

Per Ramesh Sinha, Chief Justice

05/05/2026

1. Heard Mr. Hari Agrawal, learned counsel for the petitioner. Also heard Mr. Nitansh Kumar Jaiswal, learned Govt. Advocate, appearing for the Respondent/State.

2. Present is a Criminal Miscellaneous Petition filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR No. 202/2025 dated 02.04.2025 registered at Police Station Balco Nagar, District Korba for the offence punishable under Sections 103(1), 3(5) of the B.N.S., 2023 and the consequent Charge- Sheet No. 276/2025 dated 30.06.2025 as well as supplementary charge-sheet No. 276-A/2025 dated 23.09.2025 filed against the petitioner for the offences punishable under Sections 103(1), 61(2), 238, 190, 191(1) of the B.N.S., 2023, and also for quashing of the order of committal dated 13.10.2025 passed by the learned Judicial Magistrate First Class, Korba, and further for setting aside the order dated 18.11.2025 whereby charges have been framed and order dated 22.11.2025 whereby the application for discharge under Section 250 of the BNSS has been rejected by the learned Additional Sessions Judge (FTC), Korba, District Korba (C.G.), and prayed for the following reliefs:

“(i) Quash (qua the Petitioner herein) the FIR No. 202/2025 dated 02.04.2025 registered initially against other co-accused persons at Police Station Balco Nagar (wrongly mentioned as Rajgaamar). District Korba initially for offence punishable under Sections 103(1),3(5) of B.N.S., 2023 and the Sheet No. consequent Final Report/Charge 276/2025 dated 30.06.2025 (Annexure P-1) and subsequent supplementary charge sheet No. 276-A/2025 dated 23.09.2025 filed against the petitioner for offence punishable under Sections 103(1), 61(2), 238, 190, 191(1) of B.N.S., 2023 (Annexure P-2).

(ii) Set-aside and/or quash (qua the Petitioner), all consequent criminal proceedings arising out of aforesaid FIR/Charge Sheet/supplementary charge sheet, particularly the criminal proceeding filed before the Court of Judicial Magistrate First Class, Korba, District Korba (C.G.) including the committal order dated 13.10.2025 (forms part of Annexure P-3), whereby the learned Magistrate Courtcommitted the case to the Court of Sessions finding that in the instant case prima-facie offence under Sections 103(1), 61(2), 238, 190, 191(1) of B.N.S.. 2023 are made out against the petitioner herein.

(iii) Set-aside and/or quash (qua the Petitioner), all the consequent criminal proceedings arising out of aforesaid FIR/Charge Sheet/supplementary charge sheet, particularly the Sessions Trial No.76/2025 [Annexure consideration P-4(Colly)1 pending before the Additional Sessions Judge (FTC), Korba, District Korba (C.G.) including the order framing charge & charges dated 18.11.2025 and the order dated 22.11.2025 whereby an application for discharge under Section 250 of BNSS has been rejected by the learned Trial Court below.

(iv) Any other orders in favour of the petitioner may be passed as this Hon'ble Court may deem fit in the facts and circumstances of the case and in the interest of just