Dismissed¶25

Siddique Khan v. State of Chhattisgarh

Chhattisgarh HC9 Apr 2026CRMP/1018/2026

Case brief

AI extract

What is this about?

CRMP No. 1018 of 2026; High Court of Chhattisgarh at Bilaspur; decided 10.04.2026; Ramesh Sinha, CJ (author) with Ravindra Kumar Agrawal, J.; petition under Section 528 Bhartiya Nagrik Suraksha Sanhita for quashing charge-sheet No. 614/2014 dated 31/12/2024 of P.S. Bemetara under Sections 126(1), 221, 223, 3(5) BNS 2023; cognizance order not challenged; prayer held defective and casual; dismissed with liberty to refile; cost Rs.2,000/- to Children Observation Home, Pulgaon, Durg.

What did the court decide?

Liberty to file a fresh petition with appropriate prayer, subject to depositing Rs.2,000/- as cost before the Registry of the Court; receipt of the deposit to be submitted at the time of filing the fresh petition, if any; the amount so deposited, if any, to be transmitted to the Children Observation Home, Pulgaon, Durg (C.G.). ¶25

Siddique Khan Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita praying for quashing of the charge-sheet is properly framed, given that the petitioners neither challenged the order taking cognizance nor mentioned its date.

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Court's answer

The prayer in the petition is defective: although the petitioners prayed for quashing of the charge-sheet, they neither challenged the order taking cognizance nor mentioned its date; the drafting was casual and wasted the precious time of the Court.

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Ratio / Principle

The petition is dismissed on this ground alone, with liberty to file a fresh petition with appropriate prayer, subject to depositing Rs.2,000/- as cost before the Registry of the Court, the receipt to be submitted at the time of filing the fresh petition, and the amount so deposited to be transmitted to the Children Observation Home, Pulgaon, Durg (C.G.).

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Detailed headnote1 paragraphs

Chhattisgarh High Court (Division Bench; order per Ramesh Sinha, Chief Justice, with Ravindra Kumar Agrawal, J.) dismissed a petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita seeking quashing of a charge-sheet dated 31/12/2024 (No. 614/2014) filed by Police Station Bemetara before the Chief Judicial Magistrate, Bemetara, for alleged offences under Sections 126(1), 221, 223 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. Holding that the petitioners had prayed for quashing of the charge-sheet without challenging the order taking cognizance or even mentioning its date, the Court found the prayer casually drafted and defective, wasting the Court's time. The petition was dismissed on this ground alone, with liberty to file afresh with an appropriate prayer, subject to deposit of Rs.2,000/- as cost before the Registry, the amount to be transmitted to the Children Observation Home, Pulgaon, Durg (C.G.).

2026:CGHC:16522-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 1018 of 2026

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1 - Siddique Khan S/o Late Shri Khalil Ahmad Aged About 54 Years R/o Village- Ranka, P.S.- Bemetara, District- Bemetara (CG)

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2 - Ajitabh Mishra S/o Late S.K. Mishra Aged About 55 Years R/o Basani, Post Matka, District- Bemetara (CG)

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... Petitioners

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versus

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State of Chhattisgarh Through Station House Offcier, Police StationBemetara, District- Bemetara (CG)

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... Respondent

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----------------------------------------------------------------------------------------------- For Petitioners : Mr. S.C. Verma, Senior Advocate assisted by Mr. Manharan Lal Sahu, Advocate

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

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

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Order on Board

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Per Ramesh Sinha, Chief Justice

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10.04.2026

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Heard Mr. S.C. Verma, learned Senior Advocate assisted by Mr. Manharan Lal Sahu, learned counsel for the petitioners as well as Mr. S.S. Baghel, learned Government Advocate, appearing for the State/respondent.

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ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA

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The present petition has been filed by the petitioners under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with the following prayers :-

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“1. May kindly be pleased to quash / set-aside the impugned chargesheet dated 31/12/2024 Bearing No. 614/2014 filed by the Police Station – Bemetara (C.G.) before the court of Chief Judicial Magistrate, Bemetara, District – Bemetara (C.G.) for the alleged offenses under Sections 126(1), 221, 223, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

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That, any other relief(s) which the Hon’ble Court deems fit & proper may kindly be pleased to granted in favour of the petitioners.”

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From perusal of the prayers and pleadings made in the instant petition, it transpires that though the petitioners have prayed for quashing of the charge-sheet, but, have neither challenged the order taking cognizance nor have mentioned the date of order taking cognizance, which goes to show that the prayer drafted by learned counsel for the petitioners is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one.

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Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.2,000/- as cost by the petitioners before the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Children Observation Home, Pulgaon, Durg (C.G.).

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Sd/Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Chandra

Siddique Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Siddique Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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