The court will not quash an FIR if it discloses a cognizable offence and trial has commenced, emphasizing the necessity for the trial to reach its logical conclusion.

Judgment on Board

Per Ramesh Sinha , Chief Justice

24.03.2025

1. Heard Mr. Ratnesh Kumar Agrawal, learned counsel for the petitioner. Also heard Mr. Malay Jain, learned Panel Lawyer for the respondents / State.

2. The petitioner has filed this petition with following prayer:

“((i) FIR No. 735/2024 dated 23.09.2024 registered by Respondent no. 2 against the petitioner and other co-accused for punishable offence Under Section 21(c), 29 of the NDPS Act 1985, Section 25 of Arms Act and Section 111 of the Bharatiya Nyay Sanhita 2023 (Annexure-P/1).

(ii) Charge-sheet No. 18/2025 dated 14.01.2025 filed by respondent no. 2 before the learned Special Court (NDPS) Raipur, District Raipur (C.G.) (Annexure P/2)

(iii) Order dated 16.01.2025 passed by learned Special Court (NDPS) Raipur, District Raipur (C.G.) in Special Criminal Case No. 4/2025, between State of Chhattisgarh Vs Shubham Soni & others", wherein learned trial cognizance the alleged offences and all subsequent proceedings draw against the petitioner (Annexure P/3), in the interest c justice.”

3. Prosecution story in a nutshell is that on 23.09.2024, respondent No. 2 receiving the information from an informer that the Shubham Soni kept the Narcotic Drugs and Pistol enquired the matter and recorded the memorandum statement of the co- accused Shubham Soni, wherein it is stated that he obtained the possession of the Pistol from One Ayush Agrawal. On the basis of the said enquiry crime no. 735/2024 for punishable Offences Under Section 21(c), 29 of NDPS Act, Section 25 Arms Act and Section 111 of BNS 2023 has been registered against the petitioner and co-accused. During the investigation name of the petitioner substituted in the place of the name of Ahush Agrawal and Challan No. 18/2025 dated 14.01.2025 filed before the learned Special Court (NDPS) Raipur, District Raipur (C.G.). On 16.01.2025 learned Trial Court cognizance the punishable offences Under Section 21(c), 29 of NDPS Act, Section 25 Arms Act and Section 111 of BNS 2023 and on the basis of the challan and registered the Special Criminal Case No. 4/2025 between "State of Chhattisgarh Vs. Shubham Soni & others" and thereafter criminal proceeding has been initiated. The petitioner arrested in the aforesaid crime and this Court granted bail on 05.02.2025 in the M.Cr.C. No. 8192/2024. The co-accused namely Shubham Soni stated in his memorandum statement that he is running the business of selling the Narcotic Drugs after is in jail of the Ayush Agrawal and he purchase the pistol from One Sonu Agrawal residing of Gudhiyari. On the basis of the said statement petitioner arrayed as accused in the concern crime. Hence this petition.

4. Learned counsel for the petitioner submits that the First Information Report No. 735/2024 dated 23.09.2024 registered by respondent no. 2 is bad in law, perverse, illegal, erroneous thus liable to be quashed. No ingredient of alleged offences in the charge-sheet filed against the petitioner by respondent No. 2 thus the same is liable to be quashed. The learned trial Court overlooked the material available in challan and took cognizance of the alleged offences against the petitioner on 16.01.2025 thus liable to be quashed. The allegations in the FIR even if they are taken at their face value and accepted in there entirety, do not constitute the offence alleged. As per the Principle laid down by Hon'ble Apex Court in the matter of Sajjan Kumar vs. C.B.I (2010) 9 SCC 368, the impugned FIR is liable to be quashed.

5. Mr. Malay Jain, learned Panel Lawyer appearing for the State opposes the prayer for quashing of the charge-sheet bearing Crime No. 735/2024 and final report No. 18/2024 for the offences punishable under Section 21(c), 29 of the NDPS Act and Section 25 of the Arms Act and Section 111 of the BNS filed on 14.01.2025 along with order of cognizance dated 16.01.2025 and submits that since the charge-sheet has already been filed, charges have already been framed and trial has started, this petition has vir