Quashing of FIR requires absence of any prima facie case against the accused.

Order on Board

Per Ramesh Sinha , Chief Justice

28.01.2025

1. Heard Mr. Mayank Mulchandani, learned counsel for the petitioner.

Digitally s Bi Rgn IJe Md O b Hy AN Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for the BRIJMOHAN MORLE MORLE Date:

2025.01.28 +0530 respondents/State.

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

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 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 t