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2024 Supreme(Online)(CHH) 11457
HIGH COURT OF CHHATTISGARH
Shri Ramesh Sinha, CJ, Shri Bibhu Datta Guru, J
SMT. KAMLA THAKUR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRMP/2920/2024
The court affirmed that FIRs should not be quashed unless allegations do not prima facie constitute an offence, emphasizing the cautious exercise of quashing powers.
Headnote:(A) Bharatiya Nyay Sanhita, 2023 - Sections 316(5), 318(4), 61 - Quashing of FIR - Petition to quash FIR for embezzlement dismissed as allegations prima facie constitute an offence - Jurisdiction to quash exercised sparingly - No grounds for quashing found. (Paras 8, 12, 14)
(B) Criminal Procedure Code - Section 482 - Jurisdiction under Section 482 not to assess merits of allegations or evidence at this stage. (Paras 9, 10)
Facts of the case:
The petitioner filed a petition to quash FIR for alleged embezzlement of paddy based on a report by the District Collector, asserting that the FIR was lodged without proper inquiry. (Paras 3-5)
Findings of Court:
The court found no grounds to quash the FIR, stating that the allegations prima facie constituted an offence. (Paras 12, 14)
Issues: The main issue was whether the allegations in the FIR disclosed a cognizable offence and if the FIR should be quashed. (Paras 8, 14)
Ratio Decidendi: The court ruled that the jurisdiction to quash FIRs should be exercised sparingly and only when allegations do not constitute an offence, emphasizing the need for cautious exercise of powers under relevant sections. (Paras 8, 9)
Result: Petition dismissed.
Order on Board
Per Ramesh Sinha , Chief Justice
04 . 11 .2024
1. Heard Mr. Pushpendra Kumar Patel, learned counsel for the petitioner. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for respondent No. 1/State.
2. The present petition has been filed by the petitioner with the following prayers:
“1. Allow this petition,
2. Quash the First Information Report registered against the petitioner under Crime No. 0274 of 2024 at Police Station Patna, District Korea (C.G.) on 18.10.2024 (Annexure P/1) for the offence punishable under Sections 316(5), 318(4) and 61 of the Bharatiya Nyay Sanhita, 2023 , in the interest of justice.
3. Pass any other relief, which this Hon’ble Court deems fit under the facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that the District Collector, Korea had issued a direction to the respondent No. 2 to lodge a FIR against the present petitioner in lieu of commission of embezzlement of 3852.62 Mt paddy. Apart from it, it has also been directed that the petitioner's firm should be black listed for a period of three years and the amount equivalent to the quantity be recovered from the Bank Guarantee / PDC / FDR deposited by the petitioner. In compliance of the directions issued by the District Collector, Korea, the respondent No. 2 had filed a written report before the Police Station Patna, District Korea against the petitioners alleging therein that the petitioner had committed embezzlement of 3852.62 Mt paddy. Based on the written report of respondent No. 2, the Police Station Patna, District Korea had lodged the FIR bearing Crime No. 0274 of 2024 at Police Station Patna, District Korea (C.G.) for the offences punishable under Sections 316(5), 318(4) and 61 of the BNS against the petitioner.
4. It is further submitted by the learned counsel for the petitioner that the petitioner is the proprietor of M/s. Mangal Rice Mill, which has been registered vide Mill Registration No. MA534844. They had been issued permission vide F 4-9/2023/29-1 dated 05.10.2023 to run the Rice Mill during Kharif 2023-24, under the relevant provisions issued by the respondent authority concerned. For the purpose, an agreement was executed between the petitioner and the concerned authority. He also submits that vide the order No. 627/Dha.Kh./Khad/2023-24, Baikunthpur, dated 08.08.2024, a District Level Committee was formed and physical verification of the stocks with regard to paddy / rice was carried out on 30.08.2024 in presence of the employees of M/s Mangal Rice Mill, Chitmarpara Patna. During the course of physical verification, the committee neither found any stock of paddy & rice nor they received any suitable reply supported with documents. Aggrieved by which, the authority concerned had issued a notice vide No. 658/Ka.Mi./Khad/2023- 24, dated 30.08.2024. The petitioner had submitted the reply on 02.09.2024 to the show-cause notice dated 30.08.2024, mentioning therein that the plants and machineries were under the maintenance due to ageing and requested for allowing them for appropriate time for proper maintenance repairing / replacement of the plant and machineries as well as to deposit the rice. They further mentioned that due to current condition of the plant and machineries, the petitioner could not deposit the rice in FCI.
5. Learned counsel for the petitioner states that the authorities did not consider the prayer of the petitioner and had issued order dated 27.09.2024 without providing proper opportunity of hearing and only on the basis of report submitted by the committee and had straight forward issued the order, thereby directed the authority concerned to register the FIR against the petitioner for embezzling 3852.17 Metric Tonne Paddy and it was further directed to black list M/s. Mangal Rice Mill for 03 years after adjustment of the embezzled amount from the Security Deposit / Bank Guarantee / P.D.C. / F.D.R., deposited by the petitioner. Based upon the direction, the respondent
