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CGHC010086922023 2026:CGHC:37541-DB NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 609 of 2023

Shyam Tyagi S/o Ashok Tyagi Aged About 25 Years R/o Bhatthipara, Baikunthpur Police Station - Baikunthpur, District - Koriya, Chhattisgarh.

... Petitioner(s)

versus

1. State of Chhattisgarh Through The S H O Baikunthpur, District -

Koriya, Chhattisgarh.

2. Abhishek Sharma S/o Rajeshwar Sharma Aged About 21 Years Nagar Bazar Para, P.S. Charcha, District Koriya, Chhattisgarh.

...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Anuroop Panda, Advocate.

For Respondent/State : Mr. S.S. Baghel, Government Advocate.

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

Order on Board

Per Ramesh Sinha , Chief Justice

21 .08.2026

1. Heard Mr. Anuroop Panda, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Government Advocate, appearing for

the State/respondent No. 1.

Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date:

2026.08.24 11:34:36 +0530

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

following prayer:

“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition, and quash the Final Report No. 103/2020 dated 30.06.2020 submitted by the Police Station Baikunthpur, Distt. Baikunthpur (C.G.) and the FIR No. 303 of 2019 dated 16.11.2019 against the petitioner for commission of offence punishable under Sections 384, 420 read with

Section 34 of IPC in the interest of justice.”

3. Learned counsel for the petitioner submits that the prosecution initiated against the petitioner is an abuse of the process of law, as the allegations contained in the complaint/FIR, even if accepted in their entirety, do not disclose the essential ingredients of the offences punishable under Sections 384 and 420 read with Section 34 of the IPC. He further submitted that on 16.11.2019 at about 11:40 a.m., certain students pursuing B.Sc. Nursing, namely Krishna, Rabbudas, Usha Kushwaha, Puja Kurre, Deepak, Shyam, Rukamani and Abhishek Sharma, submitted a written complaint before the In-charge, Police Station City Kotwali, Baikunthpur. The petitioner, who was the Principal of Marg Darshan College of Nursing, was arrested on the very same day at about 3:00 p.m., within a few hours of the complaint. Referring to the contents of the complaint, learned counsel for the petitioner submits that the grievance of the students was essentially with regard to the non-issuance of admit cards for the third-year B.Sc. Nursing examination. It was alleged that the college administration had received

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fees from the students towards submission of examination forms and practical examinations and that an additional amount of Rs.200/- per day was being demanded on account of shortage of attendance. According to the complainants, the students who failed to deposit the said amount were not issued admit cards and were consequently prevented from appearing in the third paper of Medical Surgical

Nursing.

4. It is further contended by the learned counsel for the petitioner that the original tenor of the complaint was confined to the aforesaid grievance and the students had essentially sought intervention so that they could be permitted to appear in the examination. According to learned counsel, the allegations of fraud and the names of the accused appear to have been inserted subsequently at the bottom/margin of the complaint. It is pointed out that the alleged additional statement does not bear any separate signature or date and the names of the accused were allegedly written at the margin for want of space. He also submits that even during investigation no material has been collected to establish that any of the complainants actually paid the alleged amount pursuant to the demand made by the petitioner. The attendance registers of the concerned students were not seized to establish whether their attendance was in fact short. Likewise, no