1 2025:CGHC:43578-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3504 of 2024 1 - Mohammad Jishan S/o Late Shri Mohammad Zabir Aged About 26 Years R/o Ward No. 07, Maszid Road Akaltara, P.S. Akaltara, District : Janjgir-Champa, Chhattisgarh 2 - Mohammad Junaid @ Junu Shri Mohammad Zakir Saudagar Aged About 24 Years R/o Ward No. 07, Maszid Road Akaltara, P.S. Akaltara, Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through- S.H.O., P.S. Akaltara, District : Janjgir-Champa, Chhattisgarh 2 - Rajat Agrawal S/o Shri Rajkumar Agrawal Aged About 25 Years R/o Ward No. 04, Akaltara, P.S. And Tahsil Akaltara, District : Janjgir- Champa, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Ravindra Sharma, Advocate For Respondents-State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 2 8 .08.2025 1. Heard Mr. Ravindra Sharma, learned counsel for the petitioner and Mr. Sakib Ahmed, learned Panel Lawyer, appearing for the State/respondent No.1. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.08.28 18:09:11 +0530 2 2. By filing the instant petition, the petitioners have prayed for following relief(s):- “It is therefore prayed that this Hon'ble Court may kindly be pleased to allow the Criminal Miscellaneous Petition and may kindly be pleased to quash the First Information Report No. 32/2024 registered at P.S. Akaltara, Dist.- Janjgir-Champa (C.G.) on 13.01.2024, for the alleged offence punishable U/s 147, 149, 323, 506, 294 of I.P.C., Charge Sheet No. 399/2024 dated 05.10.2024 and the criminal proceeding pending before learned Judicial Magistrate First Class, Akaltara, Dist- Janjgir- Champa (C.G.) in Criminal Case No. 1144/2024 and the order dated २५/१०/2024 whereby the learned Trial Court has taken cognizance against the petitioners, in the interest of justice.” 3. The petitioners are aggrieved by First Information Report/Crime No. 32/2024, registered for the offences punishable under Sections 147, 149, 323, 506, 294 of the I.P.C., the charge sheet No. 399/2024 dated 05.10.2024, and the criminal proceedings pending before the Court of the learned Judicial Magistrate First Class, Akaltara, District Janjgir–Champa (C.G.) in Criminal Case 3 No. 1144/2024. It is submitted that the aforesaid F.I.R. has been registered without conducting any preliminary inquiry, without appreciating the true nature of the allegations, and by completely overlooking the subsisting dispute between the parties, including the registration of Crime No. 33/2024 and Crime No. 34/2024 at the same Police Station, Akaltara. It is also pointed out that Crime No. 34/2024 has been registered against the complainant/respondent No.2 and others for the offences punishable under Sections 294, 506, 323, 34 of the I.P.C. 4. It is further submitted that in the present case, two separate FIRs have been registered arising out of the same set of events against the petitioners; one lodged by Rajat Agrawal bearing Crime No.32/2024 on 13.01.2024 and another by his real brother Mayank Agrawal bearing Crime No.33/2024 on 13.01.2024. The proceedings arising out of the latter FIR were assailed by the petitioners in CRMP No. 03/2025, which came to be dismissed by this Court today itself on the ground that the trial in that matter had already reached an advanced stage. Thus, the grievance of the petitioners on that count already stands adjudicated by this Court. 5. Insofar as the present case is concerned, it is evident from the record that there are serious allegations and counter-allegations between the parties. The petitioners contend that they have been falsely implicated, whereas the complainants allege commission 4 of offences as reflected in the FIR. It is also not in dispute that the petitioners themselves have lodged a counter FIR against the complainants bearing Crime No.34/2024 on 13.01.2024, which is presently pending consideration before the competent criminal Court. These facts unmistakably demonstrate that the matter arises out of a personal dispute between the parties resulting in registration of cross-cases, both of which are now subject to judicial determination. 6. Having regard to the aforesaid facts and circumstances, and particularly taking into account the existence of cross-cases, the rival versions of the parties, and the fact that the trial in the connected matter is already at an advanced stage, this Court is of the considered opinion that the extraordinary jurisdiction under Section 528 of the BNSS cannot be invoked to stifle the criminal proceedings at this stage. The truth or falsity of the allegations made by either side can only be adjudicated upon appreciation of evidence during trial, and not in proceedings seeking quashment. 7. In view thereof, this Court does not find any good ground to interfere with the impugned criminal proceedings. Accordingly, the instant petition, being devoid of merit, is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu