2024:CGHC:34206-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2392 of 2024

1 - Vijay Chauhan @ Rinku Chauhan S/o Dilip Chauhan Aged About 26 Years R/o Ludeg Gautiyapara, P.S. Pathalgaon, District Jashpur, Chhattisgarh.

2 - Vikram @ Vicky Chauhan S/o Dilip Chauhan Aged About 34 Years R/o Ludeg Gautiyapara, P.S. Pathalgaon, District Jashpur, Chhattisgarh. 3 - Rahul @ Ricky Chauhan S/o Dilip Chauhan Aged About 31 Years R/o Ludeg Gautiyapara, P.S. Pathalgaon, District Jashpur, Chhattisgarh.

... Petitioners versus

1 - State Of Chhattisgarh Through Police Station Pathalgaon, District Jashpur, Chhattisgarh.

2 - Rinku Singh Thakur S/o Mohan Singh Thakur Aged About 23 Years R/o Ludeg, Trikuripara, P.S. Pathalgaon, District Jashpur, Chhattisgarh.

... Respondents For Petitioners : Mr. Abdul Wahab Khan and Mr. Abdul Moin Khan, Advocate For Respondent : Mr. Hariom Rai, Panel Lawyer No.1 / State Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

04.09.2024

1. Heard Mr. Abdul Wahab Khan and Mr. Abdul Moin Khan, learned counsels for the petitioners. Also heard Mr. Hariom Rai, learned Panel Lawyer for the respondent No.1 / State.

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

“It is therefore prayed that the Hon’ble Court may kindly be pleased to quash the criminal case no. Sessions trial No.29/2024 along with charge-sheet (Annexure 40 and pass an order to end the criminal proceedings / trial against the applicants, in the interest of justice.”

3. Brief facts necessary for disposal of this case are that the applicants are permanent resident of the above-mentioned address and they have no previous criminal antecedents. On the incident date 16.05.2020, the applicants were playing cricket with respondent No.02 and his friends. While playing, they get into an argument and the respondent No.02 and his friends acted in collusion and attacked the applicants with the intention to kill them and caused them injury. On which the applicants at noon around 1 pm filed a written complaint to the Pathalgaon Police Station. But, the Police delayed and registered the FIR at evening 17:20 bearing Crime No. 77/2020 under Section 294, 323, 506, 352 of IPC and Section 3(2)(v)(a), 3(1)(c) of SC and ST Act. After causing injury to the applicants, the respondent No 02 and his friends as a part of conspiracy to save themselves and with fabricated facts, lodged an FIR at Pathalgaon Police Station in evening, on which the Police registered Crime No. 78/2020 at time 17:50 under Section 294, 506, 323, 34 of IPC against the applicants and taken case for further investigation, and presented the final report. Subsequently, a criminal case initiated bearing Session Trial No. 29/2024 and charges framed under Section 294, 506(2), 352 of IPC before Learned Session Judge, Jashpur and Trial has been initiated. Hence, being aggrieved by the criminal trial / charge-sheet, the applicants are presenting the instant petition for quashment of criminal proceeding / trial / charge-

sheet.

4. Learned counsel for the petitioner argued that in Crime No.

78/2020, the Police of Police Station Pathalgaon presented a Final Report under Section 294, 506, 352 which is triable by Magistrate of First Class. But the learned Session Judge, framed charges against the applicant's under Sections 294, 506(2), 352 and initiated criminal trial. The charges framed and trial must be before the Magistrate of First Class. Hence, the Learned Session Judge acted against the criminal procedure and initiated criminal proceedings/ trial, which is erroneous and is liable to be quashed.

5. Mr. Hariom Rai, learned Panel Lawyer appearing for the State opposes the prayer for quashing criminal case along with charge- sheet and submits that since the charge-sheet has already been filed and the the charges have also been framed, this petition has virtually become infructuous and further the submission made be learned counsel for the