The power of the Court to quash criminal proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is limited to determining if the allegations prima facie disclose a cognizable offence, without conducting a detailed inquiry into evidence or intent.

Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr.P.K.Patel, learned counsel for the petitioner as well as Mr.S.S.Baghel, learned Government Advocate appearing for respondent No.1/State.

2. The present petition has been filed by the petitioner seeking following relief(s):

“1. allow this petition,

2. quash the charges, entire challan / charge sheet /criminal proceedings in Case No. 777/2025 "State Vs. Sheikh Imran Khan, pending in the Court of Judicial Magistrate First Class, Kondagaon, District Kondagaon (C.G.), arising out of the crime No. 46/2025, registered at Police Station: Kondagaon District Kondagaon (C.G.), and the Petitioner be discharged from all the charges, in the interest of justice.

3. pass any other order / orders, as the Hon'ble High Court may deems fit and appropriate under the facts and circumstances of the case, in the interest of justice.”

3. The petitioner submits that Respondent No. 2 lodged a written complaint alleging that the petitioner had posted certain obscene images and objectionable articles on his Facebook ID and circulated the same through social media platforms, including WhatsApp and Facebook, thereby outraging the religious feelings of the complainant and hurting sentiments associated with Hinduism.

4. On the basis of the said complaint, the Police Station Kondagaon registered Crime No. 46/2025 against the petitioner for the offence punishable under Section 299 of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(A) and 67 of the Information Technology Act.

5. After completion of investigation, the Investigating Officer submitted a final report/charge sheet before the learned Chief Judicial Magistrate, Kondagaon, District Kondagaon (C.G.). Thereafter, the learned Judicial Magistrate framed charges against the petitioner under Section 299 of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information Technology Act.

6. The petitioner contends that the Investigating Officer, without conducting a proper and fair inquiry, mechanically submitted the charge sheet for the aforesaid offences. It is further contended that the learned Judicial Magistrate, without proper application of mind and in a routine manner, framed charges against the petitioner, which are wholly illegal, erroneous, and contrary to law. Hence, this petition.

7. Learned counsel for the petitioner submits that a bare perusal of the entire charge sheet and the material collected during investigation would demonstrate that no offence under Section 299 of the Bharatiya Nyaya Sanhita, 2023 or Section 67 of the Information Technology Act is made out against the petitioner. It is contended that the charge framed by the learned Magistrate is unsustainable in law and is liable to be quashed. It is further submitted that there is no material whatsoever in the charge sheet to establish that the petitioner made any derogatory remarks or posted any content with the deliberate and malicious intention of insulting Hindu religious texts, saints, or deities through words, gestures, visible representations, or electronic means. The essential ingredients required to constitute the offence are conspicuously absent.

8. Learned counsel draws the attention of this Court to Section 299 of the Bharatiya Nyaya Sanhita, 2023, which provides that the act must be done with deliberate and malicious intention of outraging the religious feelings of any class of citizens by insulting its religion or religious beliefs through words, signs, visible represent