1 2025:CGHC:4175-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 271 of 2025 1. Sunil Kumar Sinha Alias Bihari Alias Ramjane S/o Late Mahamaya Prasad, Aged About 48 Years R/o Block B-1, Behind Fci Warehouse, Lingiyahdi, Police Station- Sarkanda, Bilaspur (C.G.) 2. Priyesh Sinha, S/o Shailendra Kumar Sinha Aged About 27 Years R/o Block B-1, Behind Fci Warehouse, Lingyahdi, Police Station- Sarkanda, Bilaspur (C.G.) 3. Saroj Sinha, W/o Sunil Sinha Aged About 45 Years R/o Block B-1, Behind Fci Warehouse, Lingiyahdi, Police Station- Sarkanda, Bilaspur (C.G.) --- Petitioner(s) versus 1. State of Chhattisgarh Through Police Station, Sarkanda, District- Bilaspur (C.G.) 2. Moh. Rajjab Khan, S/o Lt. Yunus Khan Aged About 48 Years R/o Atal Awas Near Fci Warehouse, Lingiyahdi, Police Station- Sarkanda, Bilaspur (C.G.) ---Respondent(s) For Petitioners : Mr. Arjit Tiwari, Advocate. For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.01.24 15:38:57 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 23 . 01 .202 5 1. Heard Mr. Arjit Tiwari, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayers: “A. Allow this petition and quash the FIR dated 29.07.2023 bearing No. 1033 of 2023 registered at Police Station Sarkanda, District Bilaspur, C.G. under Sections 294, 323, 506 and 34 of Indian Penal Code against the petitioners. B. Quash the charge-sheet bearing No. 1064 of 2023 dated 08.10.2023 against the petitioners. C. Quash the order dated 10.10.2023 wherein the learned Judicial Magistrate First Class, Bilaspur, C.G. has taken cognizance in Criminal Case No. 7049 of 2023. D. Quash entire subsequent criminal proceedings in the interest of justice. E. And/or pass any other order in the interest of justice.” 3. Learned counsel for the petitioners submits that the allegation made by the complainant is that, in the morning of 29.07.2023 at around 3 7.00 a.m., petitioner No. 1 and his wife (petitioner No. 3) along with his son-in-law (petitioner No. 2) started abusing his younger brother (Mohd. Shahid) and threatening to kill his younger brother and started hitting him with a wooden stick over a previous dispute among them. Due to this complainant's younger brother got injuries on his head, elbow of right arm and left leg. He also submits that on receiving the information, complainant visited the spot getting information about the incident from his younger brother Mohammad Shahid, complainant admitted the victim at CIMS Hospital Bilaspur for treatment. On the basis of complainant's report, a case was registered against the accused under Sections 294, 323, 506 and 34 of the IPC. The medical examination was conducted in which the Doctor opined that there is no bone injury inflicted upon the alleged victim. 4. It is further submitted that the petitioners were arrested on at 10/2023 at 12.35 p.m. after formally stating the reason for arrest. Since the crime was bailable, they were released on bail after presenting a capable surety. He also submits that Mohd. Shahid (victim) the younger brother of the complainant is a psychopath with previous criminal records does not even live at the said address. It is further submitted that, Mohd. Shahid used to break into the house of the petitioners with an intention to harm petitioner No. 3 and other family members of the petitioners. It is also pertinent here to mention that the alleged victim (brother of the complainant) used to threaten and break into their house often because of which the petitioners were living in a terror and on the unfortunate day of 29.07.2023 at morning 7:00 O'clock complainant's brother again broke into petitioner’s house and attacked them in response to which the 4 petitioners exercised their right to private defence by hitting him to stop him. The petitioner has been malafidely implicated in a criminal case under a conspiracy. Hence, this petition. 5. 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. 6. We have heard learned counsel for the parties and perused the materials available on record. 7. 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 powers under Article 226 of the Constitution of India or inherent powers under Section 528 of the BNSS or under Section 482 of the Cr.P.C. 8. 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 offences the trial 5 has been initiated against the petitioner. 9. From perusal of the FIR, charge-sheet and order taking cognizance, it cannot be said that no cognizable offence is made out, therefore, the present petition does not fall in any of such category, wherein, this Court can exercise jurisdiction under Section 528 of the BNSS or under Section 482 of the Cr.P.C. 10. In view of the above, we do not find it a fit case to quash the FIR bearing Crime No. 1033 of 2023 dated 29.07.2023, charge-sheet No. 1064 of 2023 dated 08.10.2023 filed by the Police Station Sarkanda, District Bilaspur (C.G.) and the order taking cognizance dated 10.10.2023 for the offences punishable under Sections 294, 506, 323 and 34 of the IPC and the consequential criminal proceedings bearing Criminal Case No. 7049 of 2023 pending before the trial Court, as such, this petition is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan