In a significant ruling on the scope of house-trespass under criminal law, the Chhattisgarh High Court refused to quash criminal proceedings against a petitioner accused of entering a private school campus, raising slogans, and abusing staff members.
Keyword: House-trespass school building IPC
Tags: #ChhattisgarhHighCourt #IndianPenalCode #HouseTrespass #CriminalLaw #ChargeFraming #InherentPowers #Raipur #StudentProtest #PrimaFacie
Declining to interfere at the stage of framing of charges, the Court reiterated a settled principle: at the threshold stage, courts are required only to ascertain whether a prima facie case exists and must not conduct a “mini trial.”
Background of the Case
The matter arose from an incident at a private school in Raipur. According to the prosecution:
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Members of a student organisation entered the school premises.
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They allegedly raised slogans inside the campus.
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When the school administrator attempted to intervene, the petitioner and others allegedly abused him.
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Inappropriate behaviour with female staff members was also alleged.
An FIR was registered, investigation ensued, and a charge-sheet was filed. The trial court framed charges including:
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House-trespass with preparation for assault.
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Use of obscene language with common intention under the Indian Penal Code.
The petitioner’s revision petition was dismissed by the revisional court, following which he approached the High Court under its inherent jurisdiction.
Petitioner’s Arguments
The petitioner contended that:
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The prosecution was retaliatory, arising from his objections to the alleged illegal functioning of the school.
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A school building cannot be equated with a dwelling house; hence, the essential ingredients of house-trespass were absent.
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The lower courts mechanically framed charges without proper scrutiny.
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Continuation of proceedings would amount to abuse of process.
State’s Stand
The State submitted that:
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Witness statements, including those of the complainant and school staff, supported allegations of unlawful entry and abuse.
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At the stage of framing charges, courts are not required to conduct a meticulous evaluation of evidence.
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The material on record sufficiently disclosed grounds to presume commission of offences.
Observations of the High Court
The Court examined the statutory framework governing house-trespass and clarified that the offence is not confined to residential dwellings.
It observed:
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The definition extends to buildings used for custody of property and lawful occupation.
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A school, where furniture, records, and educational assets are maintained, falls within this ambit.
The Bench found that witness statements prima facie disclosed unlawful entry and misconduct, thereby satisfying the “basic ingredients” of the alleged offences.
No “Mini Trial” at Charge Stage
Reaffirming established criminal jurisprudence, the Court stressed that:
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At the charge-framing stage, courts must not weigh defence evidence.
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Detailed evidentiary analysis is impermissible.
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The test is limited to determining whether a prima facie case exists.
Interference under inherent jurisdiction is justified only in cases of patent illegality or complete absence of material — circumstances not present in this case.
Decision and Legal Significance
Finding no perversity or legal infirmity in the trial and revisional court orders, the High Court dismissed the petition and allowed the criminal proceedings to continue.
Emerging Ratio
The ruling establishes two clear principles:
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Scope of House-Trespass: Non-residential premises, including schools, can fall within the definition where statutory ingredients are satisfied.
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Limited Judicial Scrutiny at Charge Stage: Courts must confine themselves to assessing the existence of a prima facie case and avoid conducting a pre-trial evaluation of evidence.
Broader Implications
The judgment reinforces procedural discipline in criminal law by:
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Preventing premature quashing of prosecutions.
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Clarifying the breadth of property-related offences under the IPC.
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Upholding the principle that inherent powers must be exercised sparingly.
By declining to intervene at the threshold, the Chhattisgarh High Court reaffirmed that criminal trials must proceed where foundational allegations disclose statutory offences — leaving factual adjudication to the trial process.
Case Title: Vikas Tiwari vs. State of Chhattisgarh and Ors,
Case No.: CRMP No. 8 of 2026
Coram: Hon’ble. Justice Ravindra Kumar Agrawal
Advocate for the Petitioner: Adv. Vaibhav P. Shukla
Advocate for the Respondent: Adv. Sunita Manikpuri
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