Order on Board

Per, Ramesh Sinha, CJ .

1 The petitioner has filed this petition with the following prayer/reliefs:

i) Kindly allow the petition; and

ii) Quash the FIR (ANNEXURE-P/3) bearing Crime No.86/2025 dated 13.03.2025 registered at P.S. Aamanaka, Raipur for the offence under section 79 BNS 2023 and Section 66D of the IT Act, 2000; and

iii) Quash the entire Charge-sheet (ANNEXURE-P/2) bearing No. 289/2025 dated 30.11.2025 filed in connection with Crime No. 86/2025, Aamanaka, Raipur for the offence under section 79 BNS 2023 and Section 66D of the IT Act, 2000; and P.S.

iv) Quash the Cognizance Order (ANNEXURE-P/1) dated 17.12.2025 passed by the learned Judicial Magistrate First Class, Raipur in Criminal Case No. 55776/2025 and all consequential/subsequent proceedings arising therefrom pending before the learned Judicial Magistrate First Class, Raipur in Criminal Case No. 55776/2025 against the Petitioner in connection with the said FIR and charge-sheet in the interest of justice;

v) Pass any other order/direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case.”

2 The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed seeking quashment of Charge-sheet bearing No.289/2025, dated 30.11.2025 and FIR No.86/2025, dated 13.03.2025, registered at Police Station Aamanaka, District-Raipur, for offences punishable under Section 79 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 66D of the Information Technology Act, 2000.

3 Facts of the case are that, the petitioner is a lady working as ASHA worker. The allegation against the petitioner is that she created a fake Facebook profile in the name of Complainant/victim and uploaded obscene photos/videos in the said fake Facebook account of complainant and as such insulted her modesty. The complainant filed a complaint before the concerned Police Station followed by registration of FIR dated 13.03.2025 in Crime No.86 of 2025 and charge sheet was also filed on 30.11.2025 for the aforesaid offences. Hence this petition seeking quashment of FIR and all other consequential proceedings.

4 Learned counsel for the petitioner would submit that petitioner lost her mobile SIM Card (No. 8871251349) much prior to the alleged date of incident which was reported by her at Police Station, Jaithari, Madhya Pradesh on 06.06.2024. The alleged fake account activity commenced w.e.f. 06.08.2024 i.e. much after the Petitioner lost her mobile and SIM card. Thus, it is clear that the said fake account was created and operated by any third person and not by the petitioner, yet cognizance has been taken on 17.12.2025 without appreciating the said fact of missing mobile phone and SIM Card. Further, the FIR has been lodged as a counter-blast to settle old personal scores between the petitioner and husband of the complainant. Thus, no offence prima facie has been committed by the petitioner and therefore, FIR and consequential proceeding is prayed to be quashed.

5 We have heard the counsel for the petitioner and perused the material annexed with the petition.

6 It is not in dispute that from the mobile phone/SIM card registered in the name of petitioner, a fake Facebook account was created in the name of respondent/complainant and obscene photos/videos were uploaded. Though intimation/complaint of missing mobile phone and SIM Card is alleged to have been submitted by the petitioner before Police Station, Jaithari, District Anuppur on 06.06.2024, however from seal of concerned police station, the year of receiving date appears to be 2025 and not 2024 and as such the actual date of lodging missing report of mobile of the petitioner itself is disputed. Further, the petitioner has also not specifically mentioned any specific date since when her mobile phone went missing and is being used by some third person by creating fake Facebook ID. The rest of the facts are matters to be adjudicated upon aft