1 2025:CGHC:32472-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2181 of 2025 Azad Hussain S/o Mohd. Rafiq Ansari Aged About 20 Years R/o Rulhi Nizamat, Police Station - Majhauliya, District - Pashchimi Champaran (Betiya) (Bihar) (Not In Jail) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Station House Officer, Police Station - Chandora, District - Surajpur Chhattisgarh 2 Naveen Kumar S/o Suran Sai Kanwar R/o Village - Matigadha, Junapara, Police Station - Chandora, District - Surajpur Chhattisgarh (Complainant) ...Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Arun Kumar Shukla, Advocate For Respondent No. 1/State : Mr. Nitansh Jaiswal, P.L. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.15 10:10:45 +0530 2 Per Ramesh Sinha, Chief Justice 14/07/2025 1. The instant CRMP has been filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayer:- “(a) Allow the instant petition under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023. (b) Quash the impugned FIR bearing Crime No. 55/2021 dated 26.07.2021 registered at Police Station, Chandora District-Surajpur (C.G.) for the offence punishable under Section 420 of IPC and Section 66 (D) of Information Technology (Amendment) Act, 2000 against the petitioner. (c) Quash the impugned Final Report No. 81/2021 dated 16.11.2021 filed by Police Station, Chandora, District- Surajpur (C.G.) before the learned Judicial Magistrate First Class, Pratappur, District-Surajpur (C.G.) for the offence under Section 420, 467, 468, 471 of IPC against the petitioner. (d) Quash the Criminal Proceedings pending in Criminal Case No. 430/202 before the learned Judicial A Magistrate First Class, Pratappur, District-Surajpur (C.G.) for the offence U/s 420, 467, 468, 471/34 of IPC 3 and Section 66(D) of Information Technology Act, so far it relates to the present petitioner (e) Any other relief which the Hon'ble Court deems fit, may kindly be granted in favour of petitioner, in the interest of justice..” 2. Facts of the case in brief is that on 26.07.2021 the complainant/respondent no. 2 lodged report at Police Station, Chandora, alleging therein that on 12.07.2021, he received phone call from mobile no. 8866101816, who personated himself as Akash Verma and informed that he is taking from K.B.C. and the complainant has own lottery of Rs. 25,00,000/- and asked the complainant that he is willing to get the lottery of Rs. 25,00,000/- or not, upon which, the complainant has informed that he is willing to get the lottery. The said person has asked for payment of Rs. 16,000/- for service charge and the complainant has transferred the amount of Rs. 16,000/- in Phone Pay No. 8603929534, thereafter the complainant has transferred the amount as per instruction of caller in different mobile numbers in the name of GST, Income Tax, conversion of money and account error and thus the complainant has transferred total amount of Rs. 2,20,500/- in the name of winning lottery. Thereafter, report was registered under section 420 of IPC against unknown person and during course of investigation, the accused Manoj Yadav and Vinay Kumar have been arrested and on the basis of their 4 memorandum statement, the concerned Police has also made the present petitioner as an accused of crime and upon completion of investigation, on 16.11.2021 the charge sheet was submitted before the learned JMFC, Pratappur, showing the present petitioner as absconded. 3. Learned counsel for the petitioner would submit that the present petitioner has not committed any cheating or fraud and only on the basis of memorandum statement of co-accused the present petitioner has been arrayed as an accused. He further submits that there is no evidence against the present petitioner to show the involvement in the commission of alleged crime. Therefore, he prays for quashment of the FIR, final report, and further proceedings criminal proceedings. 4. Per Contra, learned State counsel submits that the present petitioner is absconding since 2021 and the matter relates to cheating. He further submits that in the case in hand, the charge- sheet has already been filed before the concerned competent court against 3 accused persons and 3 witnesses have also been examined and hence, FIR cannot be quashed at this juncture. 5. We have heard learned counsel for the parties and perused the documents. 6. Prima-facie, this Court found that the petitioner has come up before this Court for quashment of FIR, final report and further 5 proceedings which was registered by the complainant/respondent No.2. From bare perusal of the pleadings and the documents, it is evident that the matter relates to cheating and fraud in the name of winning lottery. 7. Considering the submissions advanced by the learned counsel for the parties; the allegations that the petitioner is involved in cheating in the name of winning lottery; and the fact that charge- sheet has already been filed and 3 witnesses have already been examined and particularly considering the fact that the present petitioner is absconding since 2021, as such, this Court does not find any good ground to quash the FIR and further proceedings at this stage as it will prejudice the trial . 8. In that view of the matter, the CRMP is dismissed, at motion stage. Sd/- Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar