The High Court should not exercise its inherent power to quash an FIR when the allegations prima facie disclose a cognizable offence, as the trial court is the appropriate forum to resolve disputed questions of fact regarding the motive or veracity of the complaint.

Order on Board

Per Ramesh Sinha, C.J.

08/04/2026

1. Heard Ms. Fouzia Mirza, Sr. Advocate, along with Mr. Ali Afzaal Mirza, learned counsel for the petitioner. Also heard Mr. Priyank Rathi, learned Govt. Advocate, appearing for the Respondent/State.

2. The petitioner has filed the present writ petition claiming the following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record concerning the case of the petitioner from the possession of the respondent authorities for its kind perusal.

10.2 That this Hon'ble Court may kindly be please to quash the FIR bearing crime no. 251/2025, dated 21.12.2025 registered at Police Station Devendra Nagar Raipur, District Raipur (C.G.) offence punishable U/s 74 of B.N.S. 2023 and further may kindly be please to quash the entire challan bearing No. 01/2026 dated 10.01.2026 for the offences punishable U/s 74 of B.N.S. 2023 (Annexure P/1).

10.3 That this Hon'ble Court may kindly be please to quash the impugned order dated 13.01.2026 whereby the learned Judicial Magistrate First Class Raipur, District Raipur (C.G.) has taken cognizance of the impugned charge sheet and registered the criminal proceeding as criminal case no. 263/2026 pending before the Judicial Magistrate First Class Raipur, District Raipur (C.G.) in the matter of "State of Chhattisgarh Vs. Aarav Roy" (Annexure-P/2).

10.4 Any other relief or relief(s) which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.”

3. The facts of the case, in brief, are that the respondent No. 5/complainant lodged a written complaint before Police Station Kabir Nagar, Raipur alleging that the petitioner used to harass her and threaten to make her obscene video viral. It was further alleged that the petitioner used to pressurize her to establish an illicit relationship and, upon her refusal, he would forcibly hold her hand in the premises of MATS College and threaten to outrage her modesty. The complainant also alleged that whenever she talked to one Naman Sahu, the petitioner threatened to put an end to their lives, due to which she remained under constant mental distress and disputes also arose between the petitioner and the said person. On the basis of the complaint, an unnumbered FIR was initially registered at Police Station Kabir Nagar, Raipur for the offence punishable under Section 74 of the BNS, 2023, which was thereafter transferred to Police Station Devendra Nagar, Raipur, where FIR bearing Crime No. 251/2025 dated 21.12.2025 was registered. After completion of the investigation, the police filed the charge-sheet before the learned Judicial Magistrate First Class, Raipur on 10.01.2026, and cognizance was taken on 13.01.2026. The case is presently pending before the learned JMFC, Raipur as Criminal Case No. 263/2026, wherein the charges are yet to be framed and the matter was last listed on 18.05.2026 for arguments on charge.

4. Learned counsel appearing on behalf of the petitioner would submit that the present FIR is nothing but a counterblast and has been lodged with an oblique motive to falsely implicate the petitioner on baseless and frivolous allegations. It is contended that prior to the registration of the present FIR, the petitioner had lodged a complaint on 19.12.2025 at Police Station Saraswati Nagar, Raipur against Naman Sahu and others for assaulting him, causing serious injuries to his hand, shoulder and the back of his head, on the basis of which an FIR was registered for the offences punishable under Sections 296 , 115(2), 351(2), 3(5) of the BNS, 2023 and, after completion of investigation, the charge-sheet has already