Disposed

Dhankumar v. State of Chhattisgarh

Chhattisgarh HC18 Jun 2026CRMP/204/2026

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR, charge-sheet and cognizance for illegal plot development under Section 292-C of the Chhattisgarh Municipal Corporation Act on the ground that prosecution requires a complaint, not an FIR. The court monitored State compliance, noted departmental action against erring officials, and disposed of the petition with a direction to report inquiry outcomes.

What did the court decide?

Petition disposed of; State directed to forward outcome of departmental inquiries against seven officials to the Registrar General on or before 26.10.2026.

Dhankumar Vs State of Chhattisgarh — Municipal and Town Planning | Chhattisgarh HC (2026)

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Digitally signed ALOKSHARMA by ALOKSHARMADate:2026.06.23 10:51:59 +0530

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2026:CGHC:24875-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 204 of 2026

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1 - Dhankumar S/o Premlal Sonkar, Aged About 41 Years R/o Thakur Dev Para, Sunder Nagar, Bhatagaon, Raipur District Raipur C.G.

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2 - Nandkumar Sonkar, S/o Premlal Sonkar, Aged About 35 Years R/o Thakur Dev Para, Sunder Nagar, Bhatagaon, Raipur, District Raipur C.G.

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3 - Kekati Sonkar, W/o Tularam Sonkar, Aged About 37 Years R/o Ward No. 5, Bazar Chowk, Kumhari, Durg, District Durg C.G.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through P.S. Purani Basti Raipur, District Raipur C.G.

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2 - Saiyad Joheb, S/o Saiyad Jahangir, Aged About 32 Years Working As Deputy Engineer Nagar Palika Nigam Raipur Zone No. 5, Eidgah Bhatha Raipur, Ps- Azad Chowk, District Raipur C.G.

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... Respondent(s)

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For Petitioner(s)	: Mr. Prem Shankar Yadav, Advocate.
For State	: Mr. Shashank Thakur, Addl. Advocate
	General.
For Respondent No.2	: Ms. A. Sandhya Rao, Advocate.

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri Ravindra Kumar Agrawal, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice 19/06/2026

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1 . Heard Mr. Prem Shankar Yadav, learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned Additional Advocate General appearing for the State, and Ms. A. Sandhya Rao, learned counsel appearing for respondent No. 2.

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The present Criminal Miscellaneous Petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the following reliefs: -

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“a)Quash the FIR dated 19.07.2021, bearing Crime No. 181/2021 (Annexure P/1), registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Section 292 of the Chhattisgarh Municipal Corporation Act, 1956, as the same is not maintainable in the eyes of law;

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b) Quash the Chargesheet dated 28.12.2021, bearing Chargesheet No. 305/2021 (Annexure P/2), filed before the learned Chief Judicial Magistrate, Raipur, District Raipur (C.G.), for the alleged offence under Section 292-C of the Chhattisgarh Municipal Corporation Act, 1956;

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c) Quash the Cognizance Order dated 31.01.2022 (Annexure - P/3) passed by the learned Chief Judicial Magistrate, Raipur and all consequential/subsequent proceedings arising therefrom pending before the learned Chief Judicial Magistrate, Raipur in criminal case no. 696/2022 against the Petitioners in connection with the said FIR and chargesheet;

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d) Pass such other and further orders as may be deemed just, fit and proper in the facts and circumstances of the case, in the interest of justice.”

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The brief facts of the case are that FIR bearing Crime No. 181/2021 was registered at Police Station Purani Basti, District Raipur, on the complaint made by one Syed Zoheb, who was the Deputy Engineer in Municipal Corporation, Zone No. 5, Raipur, for the offence under Section 292 of the Chhattisgarh Municipal Corporation Act, 1956. In the FIR, it was alleged against the petitioners that they were illegally and without proper sanction from the concerned department developing residential plots over the land bearing Khasra No. 1319/1, admeasuring about 0.192 hectare situated at village Bhatgaon District Raipur without sanction layout plan. The challenge of the petitioner was that the FIR cannot be registered for the offence under Section 292 of the Chhattisgarh Municipal Corporation Act, 1956 and the police cannot investigate into the matter and the offence under Section 292 of the Act of 1956 can only be initiated on a complaint lodged by the Commissioner or any other officer-in-charge authorized by him. On this premises the registration of the FIR has been challenged in the present petition.

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On 19.01.2026 when the matter was called for hearing, this Court has passed the following order:-

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“The Director, Development. Urban Administration Government of Chhattisgarh is directed to file his/her personal affidavit informing this Court that how many cases for which a person is to be prosecuted under Section 292-C of the Chhattisgarh Municipal Corporation Act, 1956 (for short, 'the Act, 1956') FIR has been lodged instead

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a complaint, as similar matters had come up before this Court for quashing of the proceedings on the ground that FIR is not maintainable, on onlya complaint. This Court on various occasions entertained such matters which have been relied upon by the petitioners for quashing of proceedings have been enclosed, and it is very disturbing that a person who is a public servant is not aware of the fact that the prosecution cannot be launched under Section 292-C of the Act, 1956 instead of a complaint for the said offence by a competent person, and what action is being taken against such person.”

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In compliance with the Court’s order dated 19.01.2026, the Director, Directorate of Urban Administration and Development, Government of Chhattisgarh, filed his affidavit dated 29.01.2026, disclosing that a total of 44 FIRs have been registered in the respective local bodies for offences under Section 292-C of the Act of 1956. The respondent No. 2 has also filed his affidavit dated 27.01.2026 in compliance with the order dated 19.01.2026, in which he also disclosed the order dated 04.11.2025 passed by this Court in CRMP No. 3224/2025, in which the FIR registered against the accused was quashed.

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Considering the affidavit submitted by the respondents and also considering the order dated 04.11.2025 passed in CRMP No. 3224/2025 (Ramesh Gangwani v. State of Chhattisgarh and Others), it is evident that the FIR was registered against the petitioners for the offence under Section 292 of the Act of 1956, and the charge-sheet

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dated 28.12.2021 arising out of Crime No. 305/2021, filed before the learned Chief Judicial Magistrate, Raipur, District Raipur, has been quashed. However, considering the fact that FIRs were being lodged by the Municipal Corporation authorities under Section 292-C of the Act of 1956, and in view of the decision rendered in CRMP No. 3224/2025, the matter was kept pending to monitor the action taken by the State against the erring persons, as observed in the order dated 19.01.2026. Thereafter, the matter was repeatedly listed on 25.02.2026, 08.04.2026, 16.04.2026, 20.04.2026, and 17.06.2026.

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On 20.04.2026, the Director, Directorate of Urban Administration and Development, Indrawati Bhawan, Nawa Raipur, Atal Nagar, was directed to file a detailed affidavit placing on record the complete action taken pursuant to the earlier orders of this Court, including the status of the proposed departmental inquiries, issuance of charge-sheets to the concerned officials, fixation of responsibility, and the timeline for conclusion of such proceedings.

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Pursuant to the order dated 20.04.2026, the Director, Directorate of Urban Administration and Development, Indrawati Bhawan, Nawa Raipur, Atal Nagar, submitted his affidavit dated 18.06.2026, which has been filed on 19.06.2026. The relevant paragraph thereof is reproduced hereinbelow: -

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“3. That, the petitioners have filed the present petition praying for quashment of FIR dated 19/07/2021 bearing Crime No. 181/2021 registered at P.S. Purani Basti District Raipur for commission of offence punishable under Section 292 of the

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Chhattisgarh Municipal Corporation Act, 1956, quashment of the charge-sheet dated 28/12/2021 bearing no. 305/2021 filed before the learned Chief Judicial Magistrate, Raipur, quashment of cognizance order dated 31/01/2022 passed by the learned Chief Judicial Magistrate, Raipur and all consequential proceedings arising out of criminal case no. 696/2022.

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That, in the matter, an affidavit in compliance of the order dated 25/02/2026 passed by the Hon'ble Court has been filed by the deponent.

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That, subsequent to filing of the aforesaid affidavit, the present matter was again taken listed by the Hon'ble Court for hearing on 20/04/2026 and after going through the said affidavit, the Hon'ble Court was pleased to direct the Director, Directorate of Urban Administration and Development, Indrawati Bhawan, Nawa Raipur Atal Nagar to file a detailed affidavit placing on record complete action taken pursuant to the earlier orders of this Court including the status of the proposed departmental enquiries issuance of charge-sheets to the concerned officials, fixation of responsibility and the timeline for conclusion of such proceedings.

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That, the matter was again listed before the Hon'ble Court for hearing on 17/06/2026 and taking cognizance of the matter, the Hon'ble Court was pleased to further direct to comply with the order dated 20/04/2026 passed by the Hon'ble Court.

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That, in compliance of the Hon'ble Court's orders, the deponent respectfully submits as under :-

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a. That, vide order dated 19/01/2026 the Hon'ble Court was pleased to direct the deponent to inform the court by way of affidavit as to how many FIR have been registered under Section 292-C of the Chhattisgarh Municipal Corporation Act, 1956 in the State of Chhattisgarh. Thereafter, vide order dated 29/01/2026 the Hon'ble Court was again pleased to direct the deponent to file a fresh affidavit in the matter. In compliance of

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the aforesaid orders, the deponent, in its affidavit, has submitted that total 44 FIRs have been registered under Section 292-C of the Chhattisgarh Municipal Corporation Act, 1956 in all the urban bodies of the State of Chhattisgarh.

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b. It was further submitted that after scrutiny of the cases, five Building Officers posted in various Municipal Corporations of the State, who had directly lodged the First Information Reports against the erring persons for violating the provisions of the Section 292-C of the Chhattisgarh Municipal Corporation Act, 1956 in the concerned Police Stations, have been identified and the show cause notices have been issued to them on 23/02/2026 calling for explanation as to why the disciplinary action should not be initiated against them for not acting in accordance with the relevant provisions and for lodging the FIRs instead of preferring a complaint.

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c. It was further submitted that all the Commissioners of Municipal Corporations and all the Chief Municipal Officers of the various Municipal Councils/Nagar Panchayats of the State of Chhattisgarh have been directed to act strictly as per the provisions contained in the Chhattisgarh Municipal Corporation Act, 1956 and the Chhattisgarh Municipalities Act, 1961 in the cases with respect to illegal plotting.

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d. That, thereafter, vide order dated 25/02/2026 the Hon'ble Court was pleased to direct the competent authority to communicate the action taken against the erring officials by way of affidavit. In compliance of the said order, the deponent has submitted that after scrutinizing the response submitted by the concerned officials, it is proposed to issue charge-AR sheet with respect to issue chargesheet with respect to Departmental enquiry against the concerned officials. It was further

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submitted that reasonable time has been given to them and the charge-sheet to the concerned officials will be issued within a reasonable time.

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e. That, the deponent respectfully submits that after considering the reply to the show cause notices, it has been decided to serve the charge-sheet upon the Building Officers namely Shri Aabhash Mishra, Shri B.R. Agrawal, Shri Himanshu Deshmukh, Shri N.N. Upadhyay, Shri Suresh Sharma (Retired), Shri Gaind Singh Tamrakar (Retired) and Shri U.K. Ramteke (Retired). In furtherance of the same, the charge-sheets levelling the charges against the aforesaid delinquent officials have immediately been prepared and forwarded to the State Government for necessary action. Further with respect to the action to be taken against the retired officials, a proposal has also been forwarded with a request to obtain necessary permission from the coordination of the Hon'ble Chief Minister under Rule 9(B) (i) of the Chhattisgarh Civil Services (Pension) Rules, 1976.

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f. That, the deponent respectfully submitted that the charge-sheets have duly been served upon the delinquent officials namely Shri Aabhash Mishra, Shri B.R. Agrawal, Shri Himanshu Deshmukh and Shri N.N. Upadhyay calling for explanation from them. It is submitted that the explanation / reply is still waited from them. It is respectfully submitted that after receipt of the explanation / reply from the aforesaid delinquent employees, for conducting the a full-fudged departmental enquiry against them, immediate action with respect to appointment of Inquiry Officer and Presenting Officer would be taken as soon as possible.

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g. That, the deponent respectfully submits that the departmental inquiry proceedings are presently underway at the Government level.

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In view of the nature of the allegations, the necessity of complying with the prescribed statutory and procedural requirements, and the stages involved in the inquiry process, it is expected that the proceedings shall be brought to their logical conclusion within a period of approximately four months.

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That, the contents of this affidavit have been drafted according to my instructions and the contents thereof are true and correct to the best of my personal knowledge and belief, based on the official records.”

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From a perusal of the affidavit submitted by the Director, Directorate of Urban Administration and Development, Indrawati Bhawan, Nawa Raipur, Atal Nagar, it transpires that charge-sheets have been issued against four officials, namely, Aabhash Mishra, B.R. Agrawal, Himanshu Deshmukh, and N.N. Upadhyay. It is further stated that three other officials, namely, Suresh Sharma, Gaind Singh Tamrakar, and U.K. Ramteke, have already superannuated, and the charge-sheets against them are being prepared and forwarded to the State Government for necessary sanction.

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Considering the contents of the affidavit submitted by the Director, Directorate of Urban Administration and Development, Indrawati Bhawan, Nawa Raipur, Atal Nagar, we deem it appropriate to dispose of the present petition and consign it to the record, with a direction to respondent No. 1/State to forward the outcome/result of the departmental inquiries initiated against the aforesaid four employees, as well as the status/outcome of the proposed departmental proceedings against the three superannuated employees, to the Registrar General of

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this Court on or before 26.10.2026, who shall place the said report on

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record for information.

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