1 2025:CGHC:15838-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1115 of 2025 Chandra Shekhar Verma S/o Lakhan Lal Verma Aged About 49 Years R/o Palari, Ward No. 06 P.S. Palari, District Baloda Bazar-Bhatapara Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through S.H.O. Police Station Palari, District Bhatapara, Chhattisgarh. 2. Ashish Kumar Verma S/o Late Chovaram Verma R/o Musvadih, P.S. Palari, District Balodabazar-Bhatapara, Chhattisgarh. ...Respondent(s) For Petitioner : Mr. Purnendra Khichariya, Advocate. For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 04.04.2025 1. Heard Mr. Purnendra Khichariya, learned counsel for the petitioner. Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.04.04 16:13:34 +0530 2 2. The present petition has been filed by the petitioner with the following prayers: “i. That, the Hon’ble Court may kindly pleased to allow the instant petition under Section 528 of BNSS, 2023 filed by the petitioner. ii. The Hon’ble Court may kindly be pleased to quash the FIR bearing No. 72 of 2024 registered on dated 28.01.2024 at Police Station Palari, District Balodabazar-Bhatapara (C.G.) filed under Section 384 of the IPC. iii. That, the Hon’ble Court may kindly pleased to quash entire charge-sheet filed on dated 28.05.2024 before learned Judicial Magistrate First Class Balodabazar, District Balodabazar Bhatapara (C.G.) (Annexure P/1) under Section 384 of the IPC. iv. That, Hon’ble Court may kindly be pleased to quash the impugned order dated 02.12.2024 whereby the learned Judicial Magistrate First Class Baloda Bazar, District Baloda Bazar Bhatapara has taken cognizance of the impugned charge-sheet and registered the impugned criminal proceeding as Criminal Case No. 3405 of 2024 against the petitioner.” 3. Brief facts of the case are that the complainant/respondent No. 2 lodged a written complaint before P.S. Palari alleging against the petitioner that on 29.12.2023 when the respondent No. 2 was coming 3 from Datan Road in the mid way petitioner has given threat to the respondent No. 2, who is the son of presently Sarpanch of Musvadih alleging that he had made various discrepancy in the funds and also made corruption in the village during the tenure. The respondent No. 2 stated that the petitioner who is free lancer reporter in Dainik Bhashkar newspaper always make threat to the complainant making various allegation, but on 29.12.2023 he made to the one Panch, namely, Anjali Sarthi and asked about all the discrepancy and the misused of the government funds sanction to village panchayat Musvadih and also stated that the complainant made forged sign of the other representative (Panch) of the village and had misused the funds of the village. 4. Learned counsel for the petitioner submits that the petitioner is a free lancer reporter of Dainik Bhashkar newspaper earlier he has published the data and the grievances against the complainant by which the complainant is aggrieved and by which he has made a false report against the petitioner. He also submits that earlier the petitioner has filed petition before this Court which is registered as CRMP No. 946 of 2025 wherein the matter was came up hearing on 17.03.2025 that due to some mistake in prayer clause No. IV, this Court has dismissed the petition granted liberty to the petitioner that “accordingly, this petition has dismissed as withdrawn with liberty to file a fresh with appropriate prayer and pleading subject to depositing a sum of Rs. 2000/- as cost by the petitioner in the Registry of this Court within a period 1 week from today, and the same shall be transmitted to the Children Observation Home Bilaspur.” He would submit that the petitioner has deposited the amount in compliance of order dated 17.03.2025 before the Registry of this Court. 4 The copy of receipt of deposited amount dated 19.03.2025 and order sheet dated 17.03.2025 is being filed herewith as Annexure P/6(colly.). 5. It is further submitted by the learned counsel for the petitioner that petitioner has earlier published the news of the complainant’s activity by which the complainant has taking revenge and has made false case by lodging FIR dated 28.01.2024 at P.S. Palari in Crime No. 72 of 2024 for the offence punishable under Section 384 of the IPC. He also stated that the petitioner has already been anticipatory bail by the learned trial Court. Hence, this petition. 6. On the other, learned State counsel opposes the submissions made by the learned counsel for the petitioner 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. 7. We have heard learned counsel for the parties and perused the materials available on record. 8. 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 5 powers under Article 226 of the Constitution of India or inherent powers under Section 528 of the BNSS. 9. 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 evidences and upon finding prima facie evidence regarding commission of offence the trial has been initiated against the petitioner. 10. From perusal of the FIR and charge-sheet, it transpires that petitioner resides with his family in Gram Musvadih. His mother, Smt. Sushila Verma, currently holds the position of Sarpanch in Gram Panchayat Musvadih. Respondent No. 2 assists his mother and oversees all tasks related to the Gram Panchayat. The petitioner, a freelance journalist with Dainik Bhaskar newspaper, published false news about Gram Panchayat Musvadih, alleging that panchayat members were abusive and failed to provide account information of the panchayat. On 29.12.2023, the petitioner met respondent No. 2 and demanded one lakh rupees in exchange for not publishing the news. He also threatened to file a false FIR against respondent No. 2 and her mother, 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. 11. In view of the above, we do not find it a fit case to quash the FIR bearing Crime No. 72 of 2024 dated 28.01.2024, charge-sheet No. 226 of 2024 dated 28.05.2024 filed by the Police Station Palari, District Balodabazar-Bhatapara (C.G.) and the order taking cognizance dated 6 02.12.2024 for the offence punishable under Section 384 of the IPC and the consequential criminal proceedings bearing Criminal Case No.3405 of 2024 pending before the learned trial Court, as such, this petition is dismissed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan