1 2025:CGHC:4847-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 324 of 2025 Anant Navratan Jain S/o Navratan Jain Aged About 40 Years R/o Kaka Chowk, Civil Line, Nehru Ward, Gondia, District- Gondia (Maharashtra)- 441601 ... Petitioner(s) versus 1. State of Chhattisgarh Through Police Station Patna, District Korea, Chhattisgarh. 2. Superintendent of Police Civil Korea, District Korea (Chhattisgarh) ... Respondent(s) For Petitioner : Mr. Mayank Mulchandani, Advocate. For Respondents/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 28.01.2025 1. Heard Mr. Mayank Mulchandani, learned counsel for the petitioner. Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for the respondents/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.01.28 18:59:01 +0530 2 2. The present petition has been filed by the petitioner with the following prayers: “(I) That, the Hon’ble Court may kindly be pleased to allow the instant petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 read with Section 482 of the Code of Criminal Procedure, 1973 filed by the petitioner; (II) That, the Hon’ble Court may kindly be pleased to quash the FIR bearing No. 207 of 2023 registered on 27.06.2023 at Police Station Patna, District Korea (C.G.) for the offences punishable under Section 6(K), 6(Kh) of the Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 109 of Indian Penal Code on the above mentioned facts and circumstances and in the interest of justices; (III) That, the Hon’ble Court may kindly be pleased to quash the entire charge-sheet bearing No. 12 of 2024 filed on 11.02.2024 before Judicial Magistrate First Class, Baikunthpur for the offences punishable under Section 6(K), 6(Kh), 7 and 8 of the Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 109 of Indian Penal Code on the above mentioned facts and circumstances and in the interest of justice. (IV) That, it is humbly prayed to quash and set aside the impugned order dated 20.02.2024 (Annexure P/2) whereby the learned Judicial Magistrate First Class, Baikunthpur has taken cognizance of the impugned charge-sheet and registered the criminal proceeding as Criminal Case No. 23 of 2024 against the present petitioner. (V) That, it is humbly prayed to quash and set aside the order framing charges dated 04.11.2024 under Section 3 6(K), 6(Kh) of the Chhattisgarh Gambiling (Prohibition) Act, 2022 and Section 109 of Indian Penal Code against the present petitioner order dated 04.11.2024 and the entire criminal proceeding bearing Case No. 23 of 2024 pending before Judicial Magistrate First Class, Baikunthpur, Korea on the above mentioned facts and circumstances and in the interest of justice.” 3. Brief facts of the case are that on 27.06.2023 at 12.35 p.m., the Police received information from the informant that in Gram Kharda, one Bijendra Kumar Sahu and Rajkumar Sahu both are sitting near the house of Bijendra Kumar Sahu and by way of mobile phone they are playing gambling game online. On receiving information that both Bijendra Kumar Sahu and Rajkumar Sahu were playing online satta with the help of mobile phone, the situation was informed to the Senior OfÏcers, and thereafter, the Police reached the place mentioned by the informer, at village Khara Chitkahipara, and conducted satta raid by cordoning off the alleged spot of crime and Bijendra Kumar Sahu and Rajkumar Sahu were found to be present at the alleged spot. The mobile phone of both the above mentioned accused persons were taken into custody and on checking the said mobiles material allegedly of playing gambling game was found in the said mobile, when the said accused persons were questioned about the license for playing the said games they were unable to produce the same and therefore, both the accused were taken into custody on 27.06.2023 and at around 16.10 and 16.20 they both were arrested. During the course of investigation certain incriminating material was allegedly found against the other persons and therefore, as per the final report under Section 173 of the Cr.P.C. dated 11.02.2024 except accused Bijendra and Rajkumar seven other accused persons are 4 charges sheeted. The allegation against the present petitioner that along with one Mayank Agrawal used to provide online gambling for Sky Exchange App, Ttd9bet, Ttd9.com, Ttd9 and Classis Diamond App. On the basis of memorandum, the present petitioner is implicated in the present FIR. 4. Learned counsel for the petitioner submits that the allegation levelled against the present petitioner are not only false, but are also as vague and baseless as it can be. The petitioner is falsely implicated in the present crime only because he is accused in similar nature of FIR registered at Nagpur (Maharashtra). He also submits that the ingredients of Sections 6, 7 & 8 of the Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 109 of the IPC nowhere satisfies the allegations and evidences in the present case. 5. It is further submitted by the learned counsel for the petitioner that petitioner has never caused or played online gambling or assisted in playing of online gambling or abated to any person to the playing of such gambling and therefore, the other provisions of the Chhattisgarh Gambling (Prohibition) Act, 2022 and the penal provision of Section 109 of the IPC does not attract the case of prosecution and on this sole ground the FIR and charge-sheet against the petitioner deserves to be quashed and set aside. He also submits that the allegations levelled against the petitioner are having no base. The entire investigation i.e. the final report dated 11.02.2024 filed by the investigating agency under Section 173 of the Cr.P.C. reflects not even a single piece of evidence which can be said to be against the present petitioner. Hence, this petition. 5 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 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 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. 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 offences the trial has been initiated against the petitioner. 10. From perusal of the FIR, charge-sheet and order taking cognizance, it transpires that the participation of the petitioner which has come into light during the course of investigation in the statements of the co-accused 6 persons, which goes to show that this is an organized crime, hence, 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. 11. In view of the above, we do not find it a fit case to quash the FIR bearing Crime No. 207 of 2023 dated 27.06.2023, charge-sheet bearing No. 12 of 2024 dated 11.02.2024 filed by the Police Station Patna, District Korea (C.G.) for the offences punishable under Sections 6(K), 6(Kh), 7 & 8 of the Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 109 of the IPC and the order taking cognizance dated 04.11.2024 for the offences punishable under Sections 6(K), 6(Kh) of the Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 109 of the IPC and the consequential criminal proceedings bearing Criminal Case No. 23 of 2024 pending before the trial Court, as such, this petition is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan