KAMTA SAHU vs STATE OF CHHATTISGARH

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2026:CGHC:20655-DB
NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 1119 of 2026
Kamta Sahu S/o Late Ramlal Sahu Aged About 35 Years R/o Pendari, Po­
lice Station- Bilha, District- Bilaspur (C.G.)
--- Petitioner
versus
1 - State of Chhattisgarh Through The Station House Officer, Police Station,
Bilha, District- Bilaspur, (C.G.)
2 - Rupesh Tigga Posted As Head Constable, Police Station, Bilha, District-
Bilaspur (C.G.) (Complainant)
--- Respondents
For petitioner : Mr. Goutam Khetrapal, Advocate.
For Respondent/State: Dr. Saurabh Pande, Deputy Advocate General
CRMP No. 1138 of 2026
Dr. Priyanka Soni W/o Shri Mihir Savita Mohan Aged About 36 Years R/o
314 H.B. Estate, Phase 3, Sonegaon, Nagpur, District Nagpur, Maharashtra.
--- Petitioner
Versus
1 - State of Chhattisgarh Through Police Station Bilha, District Bilaspur,
Chhattisgarh.
2 - Secretary Department of Home, Mahanadi Bhawan, Mantralaya, Naya
Raipur, Chhattisgarh.
3 - Superintendent of Police Bilaspur, District Bilaspur, Chhattisgarh.
--- Respondents
Digitally
signed by
ASHUTOSH
MISHRA
Date:
2026.05.14
19:20:39
+0530
ASHUTOSH
MISHRA

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For petitioner : Mr. R.S. Marhas, Advocate along with Ms.
Shriya Jaiswal, Advocate
For Respondent/State: Dr. Saurabh Pande, Deputy Advocate General
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon’ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
04/05/2026
1. Heard Mr. Goutam Khetrapal, learned counsel for the petitioner in
CRMP No.1119 of 2026; Mr. R.S. Marhas, Advocate along with Ms.
Shriya Jaiswal, learned counsel for petitioner in CRMP No.1138 of
2026. Also heard Dr. Saurabh Pande, learned Deputy Advocate
General for the State/Respondents.
2. CRMP No.1119 of 2026 {Kamta Sahu Vs. State of Chhattisgarh &
Another} has been filed with the following relief(s):
(i) Quash the impugned FIR dated 07.05.2025 bearing
Crime No.194/2025 registered at Police Station, Bilha,
District-Bilaspur (C.G.), for the offence punishable under
Section 420, 511, 120-B of IPC against the petitioner.
(ii) Quash the impugned Final Report No.237/2025
dated 06.07.2025 filed by Police Station, Bilha, District-
Bilaspur (C.G.) before the learned Judicial Magistrate
First Class, Bilha, District-Bilaspur (C.G.) for the offence
under Section 420, 511, 120-B, 467, 468 of IPC against

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the petitioner.
(iii) Quash the impugned cognizance order dated
08.07.2025 and the entire criminal proceedings pending
in Criminal Case No.1996/2025 before the learned
Judicial Magistrate First Class, Bilha, District-Bilaspur
(C.G.)
(iv) Grant any other relief (s) which this Hon’ble Court
may deem fit in favour of petitioner may also be granted
in the interest of justice.
3. CRMP No.1138 of 2026 {Dr. Priyanka Soni Vs. State of Chhattisgarh
& others} has been filed with the following relief(s):
I. Quash the impugned First Information Report
No.194/2025 registered at Police Station Bilha, District
Bilaspur dated 07.05.2025 against the Petitioner for the
offences punishable under Sections 420, 511 and 120-B
of Indian Penal Code; &
II. Quash the impugned charge sheet (Annexure P/1)
dated 06.07.2025 filed against the Petitioner before the
Judicial Magistrate First Class, Bilha for the offences
punishable under Sections 420, 511, 120-B, 467 & 468
of Indian Penal Code in consequence of First Information
Report No.194/2025 registered at Police Station Bilha,
District Bilaspur, Chhattisgarh; &

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III. Quash the order taking cognizance dated 08.07.2025
(Annexure P/2) passed by the Judicial Magistrate First
Class, Bilha, District Bilaspur in Criminal Case
No.1996/2025 for the offences punishable under
Sections 420, 511, 120-B, 467 & 468 of Indian Penal
Code and also quash the consequential criminal
proceedings in Criminal Case No.1996/2025 pending
before Judicial Magistrate First Class, Bilha, District
Bilaspur, Chhattisgarh against the Petitioner for the
offences punishable under Sections 420, 511, 120-B,
467 & 468 of Indian Penal Coe.
OR
IV. Grant any other relief as this Hon’ble Court may deem
fit in the facts and under the circumstances of the case
may be granted in the interest of justice and equity.
4. The prosecution story in brief is that on the death of one Shivkumar
Ghritalhare, son of Parag Das, aged about 36 years, resident of
Village Podi, Police Station Bilha, District Bilaspur, Crime No. 61/2023
was registered at Police Station Bilha. It is alleged that on 12.11.2023,
the deceased consumed an unknown poisonous substance along with
alcohol, resulting in his death during treatment 14.11.2023. Initially, the
family members informed that the deceased had suffered a poisonous
animal bite while cleaning the garden, which led to his hospitalization.
Subsequently, medical records obtained from CIMS Bilaspur reflected
ingestion of poison and alcohol, with relevant documents containing

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signatures of the deceased's father and wife. Thereafter, a committee
of medical experts was constituted, which opined that the cause of
death was cardiac and respiratory failure due to the side effects of
unknown poison with excessive alcohol intoxication. Though snakebite
marks were reportedly present, the possibility of snakebite could not
be conclusively established. Moreover, as per the Panchnama
conducted by the police, no visible snakebite marks were found on the
deceased's body.
5. On the basis of the above incident, the FIR bearing Crime
No.194/2025 has been registered at Police Station, Bilha for the
offence under Sections 420, 511, 120-B of IPC and upon completion
of usual investigation, the charge-sheet has been filed before the
learned Judicial Magistrate First Class, Bilha, District-Bilaspur (C.G.)
and by order dated 08/07/2025 the learned JMFC, Bilha has taken the
cognizance. Hence this petition.
6. Mr. Goutam Khetrapal, learned counsel for the petitioner Kamta Sahu,
would submit that the allegation against the present petitioner is that
he is an advocate by profession and he has misleaded the family
members of the deceased by advising them to file a claim for
compensation suggesting that in snakebite cases, compensation of
3,00,000/- is provided, and allegedly demanded 1,50,000/- as his
share. It is submitted that the allegation made against the present
petitioner is totally false because being an advocate the petitioner can
give advice as his profession that in snake bite cases there is provision
of compensation and the said act was purely professional in nature. It

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is further submitted that the claim case pending before the Naib
Tehsildar, Bilha, has not been filed by the present petitioner which
shows the non-involvement of the petitioner in any wrongful manner. In
support of his contention he placed reliance upon the law laid down by
the Supreme Court in the matter of Vinod Natesan Vs. State of
Kerala {(2019) 2 SCC 401} and Bimla Tiwari Vs. State of Bihar
{SLP (CRL) No.834-835 of 2023} and would submit that the instant
CRMP may be allowed.
7. Mr. R.S. Marhas, learned counsel assisted by Ms. Shriya Jaiswal,
learned counsel for the Petitioner Dr. Priyanka Soni, would submit that
the petitioner is a duly graduated doctor having educational
qualification of MBBS and MD specialized in Forensic Medicine. She
is well aware about her role and duties towards the law as well as the
society. It is further submitted that the Petitioner was working on the
post of Demonstrator in the Department of Forensic Medicine at
Chhattisgarh Institute of Medical Sciences, Bilaspur, Chhattisgarh on
account of 2-year bond from 21.05.2022 to 20.05.2024. She was
drawing a salary of Rs. 69,350/-per month. While working as such on
14.11.2023, she received a requisition form from the Police Outpost
Chhattisgarh Institute of Medical Sciences, City Kotwali, District
Bilaspur for conducting postmortem of deceased named Shivkumar
Ghritlahre. The postmortem requisition form specifically stated that the
relatives of the deceased informed that while the deceased was
working in the courtyard, he was bit by a snake. It is further submitted
that the Petitioner conducted postmortem of the deceased and found
fang mark on the posterior aspect of index toe of leg of deceased and

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therefore, on the basis of the skill acquired and competence, reached
to the conclusion of cause of death to be "snake bite". Thereafter, the
body of the deceased was handed over to the family members and
they buried it. After passage of 8 months on 10.07.2024, the City
Superintendent of Police, Chakarbhata raised various queries from the
Medical Superintendent, CIMS, Bilaspur regarding the death of the
deceased Shivkumar Ghritlahre. It was specifically questioned, apart
from other queries that whether the deceased died by snake bite. Dr.
Ashutosh Kori replied to the query raised by the City Superintendent
stating that the deceased did not succumb to snake bite. It was also
stated by Dr. Kori on query that the deceased was admitted in to treat
the disease of Alcohol Intoxication with Organophosphorus poisoning
and he was being treated for Alcohol Intoxication with
Organophosphorus poisoning. It is further submitted that Dr. Ashutosh
Kori was at the relevant time an Associate Professor, Medicine
Department, Chhattisgarh Institute of Medical Sciences and is not
expert in forensic medicine. It is further submitted that pursuant to the
opinion sought by the SHO, Police Station Bilha regarding the cause of
death of the deceased a committee of three members was constituted
and the committed came to the conclusion that the deceased died due
to cardiac and respiratory failure caused by the side effects of
unknown poison while under the influence of excessive alchohol and in
case of presence of snake bite marks on the body of the deceased, the
possibility of the deceased being bitten by a snake cannot be ruled
out. It is therefore prayed that under the circumstances the instant
petition may be allowed.

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8. On the other, learned State counsel opposes the submissions made by
the learned counsel for the petitioners and submits that the
investigation has been done strictly in accordance with law and after
completion of investigation the final report/charge-sheet has been filed
before the trial Court and the learned trial Court had already taken the
cognizance and the trial is in progress.
9. We have heard learned counsel for the parties and perused the
materials available on record.
10. The legal position on the issue of quashing of criminal proceedings is
well-settled that the jurisdiction to quash a complaint, FIR or a charge-
sheet should be exercised sparingly and only in exceptional cases and
Courts should not ordinarily interfere with the investigations of
cognizable offences. However, where the allegations made in the FIR
or the complaint even if taken at their face value and accepted in their
entirety do not prima facie constitute any offence or make out a case
against the accused, the FIR or the charge-sheet may be quashed in
exercise of powers under Article 226 of the Constitution of India or
inherent powers under Section 528 of the BNSS.
11. In the present case, admittedly, after completion of the investigation,
charge-sheet has been filed against the petitioner and the learned trial
Court has taken cognizance of the offences under Sections 420, 511,
120-B of IPC and the charge-sheet has been filed.
12. From perusal of the FIR and charge-sheet, it transpires that there
existed sufficient material indicating commission of cognizable

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offences. The investigation has brought on record allegations of
manipulation of medical records, projection of a false cause of death,
and a conspiracy to secure pecuniary gain by portraying the death
as one caused by snake bite. At this stage, meticulous appreciation
of evidentiary value is impermissible. Therefore, it cannot be said
that no cognizable offence is disclosed or that continuation of
prosecution is an abuse of process . Therefore, it cannot be said that
no cognizable offence is made out. Hence, the present petition does
not fall in any of such category, wherein, this Court can exercise
jurisdiction under Section 528 of the BNSS.
13. In view of the above, we do not find it a case to quash the FIR bearing
Crime No. 194/2025 dated 07/05/2025 registered at Police Station,
Bilha, District Bilaspur, C.G.; impugned final Report No.237/2025
dated 06/07/2025 filed by the Police Station, Bilha, District – Bilaspur,
C.G. before the JMFC, Bilha, District- Bilsapur, C.G. for the offence
under Sections 420, 511, 120-B, 467, 468 of IPC and the order taking
cognizance dated 08/07/2025 and the consequential criminal
proceedings bearing Criminal Case No. 1996/2025 pending before the
learned trial Court, as such, this petition is dismissed.

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