The court ruled that an FIR disclosing a cognizable offence should not be quashed at the preliminary stage, emphasizing the need for investigation.

Judgment on Board

Per Ramesh Sinha , Chief Justice

02.05.2025

1. Heard Mr. Love Kumar Ramteke, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the respondent No.1 / State.

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

“It is therefore prayed that this Hon’ble Court may kindly be pleased to quash the FIR No. 0002/2024, dated 12.01.2024 registered by Police Station Mungchuwa-Balod, District- Balod Chhattisgarh under Section 420 I.P.C., against the petitioner, in the interest of justice.”

3. Prosecution story in brief is that complainant has lodged the said FIR at the Respondent Police Station alleging that in the year 2019, petitioner introduced himself as a Media Person and claiming to be a relative of the then Chief Minister of the State of Chhattisgarh has assured the complainant that he has strong connection in the Mantralaya and he will get a government job for his son. Based on the assurance made by the petitioner, on 29.08.2019, the complainant has deposited Rs.50,000/- in the account of petitioner’s wife through UPI and thereafter, complainant has paid 6.50 Lacs in cash to the petitioner near Keshariya Hotel, Dondi Lohara in the presence of Ishwar Sahu and Ramratan assuring him that government job for his son is final. But when no appointment letter is handed over to the complainant even after passing considerable time period, he enquired with the petitioner about the govt. job to which the petitioner had no satisfactory answer and he even stopped picking up calls of the complainant and then the complainant got to know that he has been cheated. Based on the above information, the Respondent Police registered FIR under Section 420 of IPC , 1860.

4. Learned counsel for the petitioner submits that the present petitioner is innocent and they have not committed any offence as alleged against them. The petitioner has not committed any such type of offence punishable under section 420 of I.P.C. The respondent No.2 has admitted that he has deposited Rs. 50,000/- in the account No. 520441033445966 (IMPS RRN: 920807710750) of petitioner’s wife Kamleshwari Chandrakar in the bank account of Bank of India, Balod. The petitioner’s wife Kamleshwari Chandrakar has deposited the amount of Rs. 50,000/- from her bank account with Bank of India, Balod to the UPIAR/808294003004/DR/Bank Acc/ICICI/328201000260@I Bank account of respondent No.2 on 28/03/2025. Further, there has been no transaction of any kind between the petitioner and the complainant respondent No. 2. The respondent No.2 only wants to harass the present petitioner.

5. On the other hand, learned counsel for respondent No.1 / State opposed the submissions made by learned counsel for the petitioners and submits that once the FIR has been registered, it has to be investigated and taken to its logical end. Thus, at this stage, no interference is warranted. He would rely upon the judgment of the Supreme Court in the matter of State of Telangana v. Habib Abdullah Jeelani reported in (2017) 2 SCC 779, wherein the Supreme Court has observed that inherent power in a matter of quashment of FIR has to be exercised sparingly and with caution and when and only when such exercise is justified by the test specifically laid down in the provision itself. He would further rely upon the judgment of the Supreme Court in the matter of Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and others reported in 2021 SCC OnLine SC 315 wherein the Supreme Court has laid down that when a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations made out a cognizable offence and the court has to permit the investigating agency/police to investigate the allegations in the F