Criminal proceedings may be quashed under inherent powers where scientific expert evidence conclusively refutes the foundational allegations of an FIR, rendering the continuation of the prosecution an abuse of the process of law and a miscarriage of justice.

Order on Board

Per Ramesh Sinha, Chief Justice

1. The petitioners have filed the present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer(s):-

(i) Quash Charge Sheet No. 26 of 2023 filed against the petitioners for the alleged offences under Sections 420, 407, 408, 120-B and 34 of the Indian Penal Code, arising out of FIR No. 10 of 2023 registered at Police Station Baradwar, District Sakti (C.G.).

(ii) Quash and set aside the order dated 10.03.2023 passed by the learned Judicial Magistrate First Class, Sakti in Criminal Case No. 222 of 2023, whereby cognizance has been taken for the offences under Sections 420, 407, 408, 120-B and 34 of the Indian Penal Code.

(iii) quash and set aside the order dated 11.12.2024 whereby the learned trial Court framed charges against Manoj Kumar and Prakash Chaudhary under Sections 420/34, 407/34 and 120-B/34 and against Aslam @ Abbas Salam under Sections 420/34, 408/34 and 120-B/34 IPC.

(iv) Quash and set aside the order dated 20.05.2025 passed by the learned First Additional Sessions Judge, Sakti in Criminal Revision No. 01 of 2025, whereby the revision preferred by the petitioners against the order framing of charge has been dismissed.

(v) Consequently, quash the entire criminal proceedings of Criminal Case No. 222 of 2023, arising out of Charge Sheet No. 26 of 2023 (filed pursuant to FIR No. 10 of 2023 registered at Police Station Baradwar, District Sakti) pending before the Court of chief Judicial Magistrate Sakti, as against the present petitioners.

(vi) Pass any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”

2. The petitioners are accused persons in Crime No.10/2023, registered at Police Station Baradwar, District Sakti (C.G.) for the offences under Sections 420, 407, 408, 120-B and 34 of the IPC. The brief facts of the case is that, police of Police Station Baradwar received a secret information that the tankers No.CG 04 NJ 8382 and CG 04 NJ 8385 proceeding towards Raigarh loaded with adulterated furnace oil. The police along with the search party proceeded towards the informed place and intercepted the said two tankers near Gupta Dhaba, NH No.49, Baradwar. On being interrogation they disclosed their names and informed that they proceeded from Lakholi Depot Raipur and going JSPL Ispat Nahar Pali, Raigarh to unload the furnace oil. They also disclosed that with the connivance of the co-accused Aslam @ Abdul Salam had prepared a plan and in furtherance thereof they extracted about 7000 liter furnace oil from the aforesaid two tanker and thereafter mixed the sulfuric acid and sodium hydroxide in the water and filled it in the said tankers equal amounting to 7000 liter. All the activities have been carried out near river at Sheorinarayan. The extracted furnace oil were kept in plastic tank concealed at the spot and adulterated furnace oil was filled up in the tankers. Based on their memorandum statement the tankers, loaded adulterated furnace oil, builty challan and furnace oil extracted from the tankers have been seized along with other allied equipments. The offence has been registered and after investigation charge sheet has been filed against the petitioners who were arrested and other accused persons showing them absconding.

3. Learned counsel for the petitioners would submit that the very foundation of the prosecution case by alleging that the furnace oil transported in the tankers