1 2025:CGHC:12499-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 938 of 2025 1. Manuwar Khan S/o Sharif Khan Aged About 36 Years R/o Village Jamaipura, Masuri Adhyamik Nagar, District Gajiyaband, Uttar Pradesh. 2. Nafish Ahmed S/o Ushaman Samana @ Rajraj Aged About 39 Years R/o Village Muzaffarnagar, Ramraj, Uttar Pradesh. 3. Irfan Ali S/o Akhtar Ali Samana @ Ramraj Aged About 52 Years R/o Village Muzaffarnagar, Ramraj, Uttar Pradesh. ... Petitioner(s) versus 1. State of Chhattisgarh Through Its Secretary, Department of Home, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2. The Director General of Police Police Department, New Raipur, District Raipur, Chhattisgarh. 3. Superintendent of Police Korea, District Korea, Chhattisgarh. 4. Station House OfÏcer Police Station Baikunthpur, District Korea, Chhattisgarh. 5. Amir Singh Paikra S/o Late Shitla Prasad Singh Aged About 64 Years R/o Baselpur, Village Sanwala, Police Station Baikunthpur, District Korea, Chhattisgarh. ...Respondent(s) For Petitioners : Mr. Pawan Kumar Kashyap, Advocate. For Respondents/State : Mr. Swajeet Ubeja, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.03.18 10:35:12 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 17.03.2025 1. Heard Mr. Pawan Kumar Kashyap, learned counsel for the petitioners. Also heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for respondents No. 1 to 4/State. 2. The present petition has been filed by the petitioners with the following prayers: “1. That, Hon’ble Court may kindly be pleased to allow the instant petition under Section 528 of BNSS, 2023 filed by the petitioner, in the interest of justice. 2. That, Hon’ble Court may kindly be pleased to quash the impugned FIR bearing No. 13 of 2025 registered on dated 10.01.2025 at Police Station Baikunthpur, District Korea (C.G.) in offence under Sections 140(3), 318, 308(5), 61(2)(a) of BNS in respect of the case of the petitioners, in the interest of justice. 3. That, the Hon’ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.” 3 3. Learned counsel for the petitioners submits that the complainant has made complaint to the concerned Police authorities alleging inter-alia that the accused persons have withdrawn the amount of Rs. 7,00,000/- from fixed deposit of the complainant from the concerned Bank, but the accused persons did not return the said amount to the complainant. He further submits that based upon the such report, the Police has registered FIR bearing Crime No. 13 of 2025 for the offences punishable under Sections 140(3), 318, 308(5) and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) against the accused persons and only on the basis of merely suspicious the present petitioners have falsely been involved in this crime without any sufÏcient reason. Hence, this petition. 4. On the other hand, learned State counsel opposes the prayer made by the learned counsel for the petitioners and would submit that the name of the petitioners is not mentioned in the FIR, therefore, the present is liable to be dismissed. 5. We have heard learned counsel for the parties and perused the materials available on record. 6. From perusal of the FIR, it transpires that the petitioners have not been named and they have come up before this Court apprehending their arrest. 7. On a pointed query being made to the learned counsel for the petitioners with respect to the involvement of the petitioners shown in the present case and further the locus for challenging the impugned FIR in which the petitioners were not named, he could not give us a suitable reply. 4 8. Accordingly, the present petition is dismissed on this ground alone leaving it open for the petitioners to take recourse to law, if any, cause of action arise in future. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan