2026:CGHC:19575-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1051 of 2026 Sanjay Ratre S/o Shri Ganga Prasad Ratre, Aged About 28 Years R/o Ward No. 7, Patanwar Colony, Yadunandan Nagar Tifra, P.S. Sirgitti District-

Bilaspur (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through Police Station Mahila Thana, District-

Bilaspur (C.G.)

2 - Xyz ... Respondents (Cause title taken from Case Information System)

For Petitioner : Mr. Sunil Otwani, Senior Advocate along with Ms. M. Asha, Advocate For Respondent/State : Mr. Shaleen Singh Baghel, Govt. Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge

Order on Board

Per Ram esh Sinha, C.J .

28/04/2026

1.

Having considered the pleadings made in the writ petition, the written complaint of respondent No. 2, and the affidavit filed by the State pursuant to the order dated 23.04.2026, this Court is not inclined to VED PRAKASH DEWANGAN issue notice to respondent No. 2/complainant, as the FIR, as presently Digitally signed by VED registered, does not invoke the appropriate provisions of the Bharatiya PRAKASH DEWANGAN Date: 2026.05.07 Nyaya Sanhita, 2023 in relation to the allegations made. The Additional Superintendent of Police, Bilaspur, in compliance with the said order, has fairly conceded in the affidavit that the FIR has not been registered under the proper statutory provisions, indicating that the defect is one of improper legal classification rather than lack of allegations. In these circumstances, this Court finds that no prejudice would be caused to the complainant by not issuing notice, as the course adopted ensures that her allegations are examined under the correct legal framework. No adverse order is being passed against her, nor are her rights or remedies affected. On the contrary, correction of the statutory provisions would facilitate a lawful and effective investigation. Accordingly, issuance of notice to the complainant is not considered necessary, being a mere formality without substantive purpose.

2.

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking quashment of FIR No. 64/2025 dated 10.12.2025 registered at Mahila Thana, District Bilaspur for the offence under Section 81 of the Bharatiya Nyaya Sanhita, 2023, the consequent Final Report No. 05/2026 dated 04.02.2026, and the order dated 09.02.2026 passed by the learned Chief Judicial Magistrate First Class, Bilaspur in Criminal Case No. 904/2026 whereby cognizance has been taken against the petitioner.

3.

The contents of affidavit filed by the Additional Superintendent of Police, Bilaspur in complaince of the order dated 23.04.2026, explaining the circumstances, under which the aforesaid offence came to be registered and investigated is reproduced hereinbelow:-

“1. That, the instant criminal miscellaneous petition has been filed by the petitioner claiming relief to quash First Information Report bearing FIR No. 64/2025 dated 10.12.2025 registered by Mahila Thana District Bilaspur for the offence punishable under Section 81 of Bhartiya Nagrik Sanhita, to quash the Final Report No. 05/2026 dated 04.02.2026 registered at Mahila Thana, Bilaspur and to quash the order dated 09.02.2026 passed by the learned Chief Judicial Magistrate First Class, Bilaspur by which cognizance of the chargesheet and criminal proceeding has been initiated.

2. That, the Hon’ble Court vide order dated 23.04.2026 was pleased to direct the Director General of Police to call for an explanation from the concerned Police Station as well as from the Investigating Officer as to how the allegations which have been levelled by the complainant in the impugned FIR against the petitioner, the offence under Section 81 of BNS has been registered and the charge-sheet has also been filed for the very same offence and submit his report on or before the next date of hearing.

3. It is most humbly submitted that in compliance of the Hon’ble Court's order dated 23.04.