1 2025:CGHC:8791-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 640 of 2025 Sukesh Kumar Biswas S/o Shri Anath Biswas Aged About 24 Years R/o- Charpara Bariyon, Balrampur (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through P.S.- Rajpur, Balrampur, Distt.- Balrampur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Syed Ishhadil Ali, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 20.02.2025 1. Heard Mr. Syed Ishhadil Ali, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer for the respondent / State. 2. The petitioner has filed this petition with following prayer: MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.21 10:50:29 +0530 2 “It is, therefore most respectfully, prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation Charge Sheet bearing crime no. 194/2022 and final report no. 211/2022 for the offences punishable U/s 201, IPC and Section 67(b) of I.T. Act 2000 at PS: Rajpur, Balrampur, Dist: Balrampur (C.G) and pending trial proceedings pending before JMFC Rajpur Dist- Balrampur (C.G.) which was registered as Criminal Case no. 52/2023 in (State of Chhattisgarh Vs Sukesh Kumar Biswas), till the final disposal of this petition, in the interest of justice.” 3. Brief facts necessary for disposal of this case are that on the basis of letter received from the office of Superintendent of Police dated 23.07.2022 for investigation and on the basis of the said letter respondent no.1 alleged that the petitioner download the image which was subject to child pornography from Facebook using his mobile number 8770610174 and only on the basis that mobile number is registered in the name of the petitioner and respondent registered the FIR under crime no.194/2022 under section 67(b) and during investigation 201 of IPC added against the present petitioner and charge-sheet was filed on 31.12.2023 against the present petitioner before the JMFC Rajpur Dist- Balrampur (C.G.) and learned JMFC taken cognizance against the petitioner and registered Criminal Case no. 52/2023, (State of Chhattisgarh Vs Sukesh Kumar Biswas). 4. Learned counsel for the petitioner submits that the allegations 3 made in FIR And Charge-sheet even if taken on face value, do not prima facie constitute any offence or made out a case against the petitioner. The petitioners were innocent and have been falsely implicated in the present case and there is a delay of about 1 and 2 years in lodging the FIR. From the perusal of the FIR clearly shows in the para 8 of the FIR which is specifically for mentioning the reason for delay in FIR but in that para delay was not explained clearly even the reason mentioned in the para 8 of FIR is from the date of Prativedan received and in the FIR date of receiving of prativedan is not mention and perusal from the charge-sheet prativdean of the Superintendent of police is of 23.07.2022 for the incident took placed in the year 2021 in that delay is also not mentioned and even in between the date of Prativedan 23.07.2022 and date of FIR 22.09.2022 there is delay of almost 2 months, that delay has also not been explained in the FIR that shows entire investigation suffers from the delay and laches that deserves to be set-aside. Perusal of cyber report submitted by the NCMEC (National Center for Missing & Exploited Children) shows even electronic service provider (ESP) not revive the entire content of uploaded file and ESP without reviewing the image reported about the image and without viewed the subject image only on the basis of the report submitted by the ESP report was prepared by the NCMEC. In the report in front of the Mobile number mentioned the IEMI number reflected is registered in the name of Mr. Adeshi 4 Patel S/o Mr. Gautin Ram patel R/o Vill. Bariyon, The Rajpur, Dist- Sarguja, even the phone number of aforesaid person is also mentioned by prosecution not even touched or inquired the said person and without any base even the mobile number and mobile was not seized from the present petitioner. The prosecution failed to recover original source of the article used in the commit the crime. There is no material in the hands of prosecution to connect the petitioner with the above mentioned crime and false FIR against the present petitioner. The present petitioner is student and when incident took place petitioner was studying in the MSC 1st year. The petitioner is student and CGPSC aspirants facing trial will effect his entire future. 5. Mr. Malay Jain, learned Panel Lawyer appearing for the State opposes the prayer for quashing of the charge-sheet bearing Crime No. 194/2022 and final report No. 211/2022 for the offences punishable under Section 201 of the IPC and Section 67(B) of the I.T.. Act, 2000 filed on 31.12.2022 along with order of cognizance dated 02.02.2023 and submits that since the charge-sheet has already been filed, charges have already been framed and trial has started, this petition has virtually become infructuous and as such, the same may be dismissed. 6. We have heard learned counsel for the parties and perused the documents appended with petition. 7. Considering the submissions advanced by the learned counsel for 5 the parties and the fact that charge-sheet has already been filed, charges have already been framed against the petitioner and trial has started, this Court does not find any good ground to interfere in the present matter as the FIR as well as the impugned charge- sheet, discloses cognizable offence against the petitioner on which, charges have been framed against the petitioner. Hence, it is obligatory that the trial be brought to a logical end. 8. Accordingly, this petition being devoid of merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet