1 2025:CGHC:13487-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1018 of 2025 Bamiya Purty S/o Pasingh Purty Aged About 44 Years R/o. Ward No. 25, Kutra Talaab Road, Amaiya Para, P.S. Janjgir, District- Janjgir- Champa (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- P.S. Janjgir District- Janjgir-Champa (C.G.) 2 - Shivkumar Sahu S/o Premlal Sahu Aged About 54 Years R/o Ward No. 25, Kutra Talaab Road, Amaiya Para, P.S. Janjgir, District- Janjgir Champa (C.G.) (Complainant) ... Respondents For Petitioner : Mr.P.K.Tulsyan, Advocate For Respondent No.1/State : Mr.Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 21/03/2025 BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.03.21 18:09:04 +0530 2 1. Heard Mr.P.K.Tulsyan, learned counsel for the petitioner as well as Mr.Malay Jain, learned Panel Lawyer appearing for respondent No.1/State. 2. The petitioner has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with following prayers:- “I. It is therefore, prayed that the Hon'ble Court may be pleased to quash the F.I.R. dated 10.03.2024 bearing crime no. 191/2024 registered at P.S. Janjgir District Janjgir-Champa (C.G.) for offence punishable under section 295-A of I.P.C. and u/s 04 of C.G. Freedom of Religion Act, 1968, in interest of justice. II. It is therefore prayed that the Hon'ble Court may kindly be pleased to quash the entire charge sheet (Annexure P-1), filed on 29.05.2024 before the learned C.J.M. Janjgir District Janjgir-Champa (C.G.) against the petitioner, in interest of justice. III. It is therefore prayed that the Hon'ble Court may kindly be pleased to quash the order taking cognizance dated 14.06.2024 passed by the learned C.J.M. Janjgir District Janjggir-Champa in criminal case по. 740/2024 (Annexure P-1), in the interest of justice. IV. It is therefore prayed that the Hon'ble Court may kindly be pleased to set aside the order of dismissal of application filed by the petitioner u/s 239 of Cr.P.C. dated 13.11.2024 passed by the learned C.J.M. Janjgir District Janjgir Champa (C.G.) in criminal case no. 740/2024, in interest of justice. V. It is therefore prayed that the Hon'ble Court may kindly be pleased to direct the respondent no. 1 to 3 conduct a fair investigation on the written complaints (Annexure P-3) made by the petitioner, in interest of justice.” 3. Learned counsel for the petitioner submits that earlier on the very incident, preventive action was taken and the proceedings were closed and the present FIR which has been lodged for the offence in question for criminal prosecution of the petitioner, the petitioner moved an application for discharge under Section 239 CrPC and the same has been rejected by the trial Court vide order dated 13.11.2024. He further submits that as the proceedings of preventive action taken against him was closed by the competent authority, hence, the criminal prosecution of the petitioner is not permissible. 4. On the other hand, learned Panel Lawyer appearing for respondent No.1/States opposes the prayer for quashing of the proceedings on the ground that the proceeding of prevention action was taken with respect to the incident in which some public tranquility was disturbed and he was asked to furnish a bond for a sum of Rs.5000/-, whereas the allegation which has been levelled in the present FIR and the charge-sheet that the petitioner was indulged in illegal conversion of the people. Therefore, the trial Court has rejected the discharge application of the petitioner. 5. After having heard learned counsel for the parties and having gone through the order rejecting discharge application of the 4 petitioner by the trial Court, we do not find any good ground to entertain this petition. 6. Accordingly, the petition being devoid of merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu