1 2025:CGHC:2976-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 72 of 2025 1. Kunwar Dhillon S/o Surendra Pal Singh Aged About 32 Years R/o Lig 42, Veer Savarkar Nagar, Hirapur Palice Station- Amanaka, Tehsil And District- Raipur, Chhattisgarh. 2. Shubhankar Dwivedi S/o Shri Gyan Prakash Dwivedi Aged About 27 Years R/o Tripti Enclave Dumar Talab, Police Station- Amanaka, Tehsil And District- Raipur, Chhattisgarh. ... Petitioners versus 1 - State of Chhattisgarh Through The Police Station Amanaka, Raipur, District- Raipur, Chhattisgarh. 2 - Superintendent of Police Raipur, Chhattisgarh. 3 - Mohd. Eijrahulhaq Ansari S/o Haji Abdul Aajij Aged About 34 Years R/o Near Electricity Office Tatibandh, Police Station Amanaka Raipur, Chhattisgarh. Mo. 9893375491. (complainant). 4 - Mo. Muslim Ansari S/o Abdul Ansari Aged About 51 Years R/o Near Electricity Office Tatibandh, Police Station-Amanaka Raipur, Chhattisgarh. Mo. 9893375491. 5 - Mo. Gulam Gosh S/o Mo. Muslim Ansari Aged About 31 Years R/o Near Electricity Office Tatibandh, Police Station-Amanaka Raipur, Chhattisgarh. Mo. 9893375491. 6 - Shakir Ali S/o Kasim Ali Aged About 34 Years R/o Mohababazar, Main Road, Police Station Amanaka, Raipur, Chhattisgarh. Mo. 9752312234. 7 - Mo. Akbar Ali S/o Abdul Hamid Aged About 43 Years R/o Behind Bharat Mata School, Tatibandh, Police Station-Amanaka, Raipur, Chhattisgarh. Mo. 8959097860. --- Respondents 2 For Petitioners : Mr. Mayur Khandelwal & Mr. Suryakant Goshwami, Advocate. For Respondent-State : Mr. SS Baghel, GA. Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice. 17.01.2025. 1. This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of FIR bearing No.346/2022 dated 18.09.2022 registered at PS -Amanaka, Raipur, (CG) and charge-sheet No.354/2022 pending before the learned 4th Additional District Judge, Raipur, (CG) in Session Case No.1/2023. 2. Relevant facts for disposal of this petition are that on 18.09.2022 some altercation took place between the complainant (respondent No.3) with Karan Dhillon & Kuldeep Singh at his tyre shop located at Transport Nagar, Tatiband, Raipur regarding replacement of tyre. Karan Dhillon & Kuldeep Singh abused and threatened the complainant to kill and left the shop. After some time, Karan Dhillon, Kuldeep Singh and the present petitioners alongwith some other unidentified persons collectively returned back and assaulted the complainant by means of hands, fists, and iron rods with the intention to cause grievous injuries to him. They also looted the cash amount of Rs.2,60,000/- which was 3 kept in pocket of the complainant. The bystanders namely Ghulam Gosh, Shakir Ali & Akbar tried to intervene, but they were also attacked by them. Shahnawaz, Irshad Ansari, Kashim Rizvi & Khurshid are the eye-witness to the incident. Based upon report/complaint by the respondent No.3/complainant FIR No. 346/2022 was registered against the petitioner along-with other co-accused persons under Sections 294, 323, 325, 506, 307, 392 & 34 of the Indian Penal Code. 3. Learned counsel for the petitioners submits that there was prior dispute occurred between respondent No.3/complainant with one Kuldeep Singh regarding payment of tyre, to which, complainant has beaten the Kuldeep Singh and the present petitioners. In the alleged incident, Kuldeep Singh suffered injuries and he was taken to the hospital. Kuldeep Singh lodged the FIR (bearing No.347/2022) on 18-09-2022 against the complainant and three others co-accused persons under Sections 294, 506, 307 read with Section 34 of the IPC. Learned Counsel further submits that complainant has lodged the FIR (bearing No.346/2022) against the present petitioners with mala fide intention only to pressurize the Kuldeep Singh to withdraw his FIR ie (bearing No.347/2022). There is no any direct or independent witnesses who corroborated the involvement of the present petitioners in the alleged crime/offence. The present petitioners were neither present at the time of alleged incident nor involved in the altercation in any manner, they had accompanied with Karan 4 Dhillion but only entered the premises of the altercation when Karan Dhillion called for the help to take Kuldeep Singh (injured) to the Hospital. Since, there is no specific evidence/material available against the petitioners, FIR (No.346/2022) & charge- sheet (No.354/2022) pending in Session Case No.1/2023 be quashed. 4. Learned State Counsel opposing submission of counsel for petitioners would submit that by the present petition petitioners are seeking quashment of FIR bearing No.346/2022 and charge- sheet No.354/2022, but it transpires from the impugned charge- sheet that it is submitted against one accused Kuldeep Singh. So far as charge-sheet with regard to the present petitioners is concerned, investigation with respect to them is still pending under Section 173 (8) of Cr.PC as they are absconding. 5. It is crystal clear from the FIR (No.346/2022) & charge-sheet (No.354/2022) that present petitioners are absconding and investigation against them is still pending under Section 173 (8) of Cr.PC. 6. Section 173 (8) of Cr.PC deals with nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) of Section 173 of Cr.PC has been forwarded to the Magistrate. 7. In view of above, we are not inclined to entertain this petition at this stage as it appears to be pre-mature. 5 8. Accordingly, present petition is hereby dismissed. However, petitioners will be at liberty to take recourse of the Court, if any final report is submitted against them. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice J/-