1 2025:CGHC:11326-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 854 of 2025 1 - Shambhu Sharan S/o Shri J.B. Singh Aged About 52 Years R/o Shop No. 43, A Market, Hudco Sector, Bhilai, District Durg Chhattisgarh 2 - Vibha Sharan W/o Shambhu Sharan Aged About 50 Years R/o Shop No. 43, A Market, Hudco Sector, Bhilai, District Durg Chhattisgarh 3 - Shubham Sharan S/o Shambhu Sharan Aged About 28 Years R/o Shop No. 43, A Market, Hudco Sector, Bhilai, District Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home Department Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh 2 - Supreintendent Of Police District Durg, S.P. Office, Collectorate, Durg, District Durg Chhattisgarh 3 - Town Inspector Thana Bhilai Nagar Bhilai, District Durg Chhattisgarh 4 - Rupak Dutta S/o Late Shri Subhash Dutta Aged About 53 Years R/o M.I.G. 1, 564, Hudco Sector Bhilai District Durg Chhattisgarh 5 - Mou Dutta W/o Rupak Dutta Aged About 50 Years R/o M.I.G. 1, 564, Hudco Sector Bhilai District Durg Chhattisgarh ... Respondent(s) 2 For Petitioner(s) : Ms. Veethika Choubey, Advocate. For Respondent(s) : Mr. Hari Om Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 07/03/2025 1. Heard Ms. Veethika Choubey, learned counsel for the petitioner. Also heard Mr. Hari Om Rai, Panel Lawyer for the Respondent/State. 2. The petitioners have filed the present petition under Section 528 of BNSS, 2023 for quashing of the FIR of Crime No. 0407/2024 registered at police station Kotwali, Bhilai Nagar District Durg and prayed following reliefs in their petition: " It is, therefore, humbly prayed that the Hon'ble Court may be pleased to order as to quash the FIR No. 407/2024 dated 12.10.2024 registered by Police Station, Police Kotwali, Bhilai Nagar, Durg, C.G. U/s 115 (2), 296, 3(5), 351 (2) of B.N.S. (Annexure P-1) against the petitioners, by allowing this petition in the ends of justice." 3. Learned counsel for the petitioner would submit that on a report made on 12.10.2024 by the respondent No.5, the police has registered the offence under Section 115(2), 296, 3(5) and 351 (2) of BNSS 2023. It is submitted that the offences are non cognizable in nature and the investigation cannot be carried out without the permission of the Court as per Section 174(2) of BNSS, 2023 (Section 155(2) of Cr.P.C.). She would also submits that there was no such incident as alleged on 12.10.2024 which is evident from CCTV footage. There is clear misuse of powers by the police authorities and they have lodged a false report against the petitioners. The FIR has been lodged by the respondent No.5 only to protect the respondent No.4 as the contempt proceeding is pending against the respondent No.4 before this Court as the respondent No. 4 is the son of the respondent No.5. 3 Therefore, submits that the registration of the FIR itself is bad in law which cannot be continued and the FIR is liable to be quashed. 4. On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the petitioners and submitted that on the complaint made by respondent No.4 the commission of offence prime facie appears and therefore, the FIR has been registered against the accused persons in which investigation is going on. He would also submit that the offence under Section 296 of BNS, 2023 is cognizable offence and there is no ground to quash the FIR. 5. We have heard learned counsel for the parties ad perused the documents annexed with the petition. 6. From perusal of the contents of the FIR there prime facie appears about the incident that has been occurred on 12.10.2024. At this stage, it cannot be said that no incident was occurred on 12.10.2024 and a false report has been lodged against the accused persons. The FIR needs investigation which is going on in the case. Although the offence of Section 115(2) 351(2) and 3(5) are non-cognizable offence. However, the offence under Section 296 of BNS, 2023 is a cognizable offence for which the FIR can be registered without prior permission of the concerned Magistrate and there is no need to follow the procedure prescribed under Section 174(2) of the BNSS, 2023. However, all the offences are bailable. 7. Considering the facts and circumstances of the case and the allegation against the accused persons made in the FIR, we are of the opinion that the matter needs investigation which is going on in the case and we do not find any ground to interefere with the petition either on the ground of non-cognizable offence without prior permission of the concerned Magistrate or on the merits of the case. 8. In view of the above, the investigating officer is directed to carry out the investigation keeping in view the fact that the offence of Section 115(2), 351(2) of BNS, 2023 are non cognizable offence of Section 296 of BNSS, 2023 is cognizable and all the offences including the offence of Section 296 of BNS, 2023 are bailable offence. 4 9. With the aforesaid observation the petition is disposed of. 10. A copy of this order be forwarded to the Superintendent of Police concerned for its due compliance within a period of two weeks from today. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.03.12 15:02:43 +0530