The power to quash criminal proceedings under Section 528 of the BNSS should be exercised sparingly; the court cannot conduct a mini-trial or evaluate the probative value of evidence to resolve factual disputes, especially in grave economic offences involving public money.

Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr.Manoj Paranjape, learned Senior Advocate assisted by Mr.Rishabh Gupta, learned counsel for the petitioner as well as Mr.Saumya Rai, learned Panel Lawyer appearing for respondent No.1/State.

2. The instant petition has been filed by the petitioner with following prayers:

“I. That the Hon'ble Court may kindly be pleased to allow the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the petitioners.

II. That the Hon'ble Court may kindly be pleased to quash the F.I.R. bearing No. 39/2025 dated 26.05.2025 registered at Police Station Kusmi, District-Balrampur-Ramanujganj Chhattisgarh for the offence Under Sections 409, 420, 467, 468, 471, 120-B read with Section 34 of Indian Penal Code.

III. That the Hon'ble Court may kindly be pleased to quash entire charge sheet/final report bearing No. 396/2025 filed on dated 31.08.2025 before Judicial Magistrate First Class, Bhatapara, District Balodabazar-Bhatapara (C.G.).

IV. That the Hon'ble Court may kindly be pleased to quash the impugned order of taking cognizance dated 23.08.2025 passed by Judicial Magistrate First Class, Rajpur, District Balrampur-Ramanujganj Chhattisgarh Criminal Case No. 1841/2025 in the matter of State of Chhattisgarh v. Tabrak Ali & Others, whereby the learned Judicial Magistrate first class, in Rajpur, District Balrampur-Ramanujganj (C.G.) has taken cognizance of the impugned Chargesheet and registered the impugned criminal proceeding as Criminal Case no. 1841/2025 against the petitioner.

V. And to kindly grant any other relief to the petitioners as this Hon'ble Court may deem fit and proper in facts and circumstances of the case, may also granted to the Petitioners.”

3. The present case arises out of an F.I.R. lodged on 27.05.2025 by complainant Arvind Shrivastava, on the basis of a complaint made by the Chief Executive Officer, Janpad Panchayat Sankargarh, to the Head Office of the Jila Sahakari Bank, Raipur. The complaint alleged that large-scale financial irregularities had taken place in Jila Sahakari Bank, Branch Sankargarh/Kusmi, involving suspicious transactions from Account Nos. 604007085677, 604007009117 and 604007013601.

4. Pursuant to the said complaint, the Bank constituted an internal investigation team and directed a statutory audit through its Chartered Accountant. As per the audit report, irregularities amounting to approximately ₹13,14,82,590/- were found in the aforesaid accounts. Subsequently, a special audit was conducted, which indicated alleged financial irregularities of approximately ₹26 crores, purportedly involving twelve named accused persons, who allegedly opened fake bank accounts and transferred Kisan Credit Card (KCC) funds of farmers.

5. It was further alleged that certain portions of the aforesaid amounts were transferred to various bank accounts, including accounts in the name of M/s Mahamaya Construction, Jamuna Alankar Mandir, and other individuals. The petitioner is a gold merchant and is running a jewellery business in the name and style of M/s Jamuna Alankar Mandir, situated at Ambikapur. The business is duly registered under the Goods and Services Tax Act. The allegation against the petitioner is that a co-accused, namely Ashok Soni, a bank employee, transferred an amo