The court affirmed that once a charge-sheet is filed and cognizance taken, the trial must conclude unless clear grounds for quashing are established.

For Petitioner(s) : Mr. Punit Ruparel, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

20.06.2025

1. Heard Mr. Punit Ruparel, 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:

“The petitioner therefore P-1 most humbly and respectfully prays that the Hon'ble Court may kindly be pleased to allow instant petition and quash the FIR and charge-sheet (Annexure P-1) in Crime No. 33/2025 registered in Police Station Jamul, District Durg (C.G.) under Section 126(1), 140(3), 296, 115(2), 351(2), 3(5) OF BNS 2023 and the taking cognizance ordered by the JMFC Durg dated 19.03.2025 (Annexure P-2) on the basis of FIR lodged by the respondent no. 2 against the petitioner, in the interest of justice.”

3. Prosecution story in a nutshell is that on 21.01.2025, the main accused Rahul Singh alongwith his friend other co-accused namely Prince Pal, Prince Singh, Vansh Kumar Prasad and Lucky Bhatt abducted the complainant in motorcycle Hero Stream No. CG 07 CS 1731 while the complainant was returning to home after completion of collage hours in Rungta College. The accused Rahul Singh in previous enmity stopped the complainant, used filthy language against and threaten to kill him, used criminal force and forcefully took the key of motorcycle of the complainant and took him in Sector 7 Bhilai near the bridge. Upon such allegation, the aforesaid FIR has been registered against the petitioner along with other co-accused. The police filed the charge-sheet against Amit Kumar Thakur, in pursuance to which, he was arrested on

22.01.2025, hence he was compelled to file bail application and same was allowed by the learned trial Court and at present, he is on bail.

4. Learned counsel for the petitioner submits that prima-facie no offence under section 126(1), 140(3), 296, 115(2), 351(2), 3(5) OF BNS 2023 is made out against the petitioner. There is material evidence available on record which connect the petitioner with the crime, because in whole of the charge-sheet, there is no any specific role been prescribed which has been committed by the petitioner, further the complainant and accused persons are friend, there is some previous enmity of the complainant with Rahul Singh hence there is some hot talk took place between them. The petitioner is a student and due false implication in the crime, his whole life has been ruined. In whole of the charge- sheet, the police has not collected any evidence against the petitioner except the memorandum of the main accused namely Rahul Singh. The FIR has been registered against the Rahul Singh and others, the police during investigation did not made any test identification parade to verify the real culprit who was involved in the crime and the petitioner is dragged into the offence only on the basis of so-called memorandum of the main accused. The main accused Rahul Singh took the respondent No. 2/complainant in his motorcycle to Sector 7 near the bridge and on the way, he has to cross several road squares, where the CCTV Cameras are installed by the traffic police, further it is a very crowded place where they have to travel to reach the Sector 7, whereas there is no objection or rescue has been made by respondent No. 2 which indicate that he is a consenting party and also willing to go with the main accused Rahul Singh.

5. Mr. Shailendra Sharma, learned Panel Lawyer appearing for the State opposes the prayer for quashing of the charge-sheet and submi