Order on Board

Per Ramesh Sinha, C.J.

1. Heard Mr. Manoj Paranjpe, learned Senior Advocate assisted by Mr. Kabeer Kalwani, learned counsel for the petitioners as well as Mr. Priyank Rathi, learned Government Advocate, appearing for DbKC RKC yUH ig UO H RMA itO N HMA a A lH DR l N I y A I R T Ts DR A ig R ne A d the State/respondent No.1.

2. Present petition has been filed by the petitioners under Section528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with the 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. 458/2024, registered on 20.05.2024 at Police Station Civil Lines, Bilaspur, District Bilaspur Chhattisgarh against petitioners, lodged on the instance of respondent No.2 against the petitioners herein namely Mohit Kerketta & Shankar Kerketta, for the offence punishable under Section 403, 406, 420, 467, 468, 120B of Indian Penal Code (Note:- Subsequently after filing of the charge sheet the charges have been framed under Section 403, 405, 420, 465, 466, 467, 468, 471 &120B of Indian Penal Code).

III. That the Hon'ble Court may kindly be pleased to quash entire charge sheet/final report hearing No. 534/2024 filed on dated 24.09.2024 before Chief Judicial Magistrate Bilaspur, District Bilaspur for the offences punishable under Section 403, 406, 420, 467, 468, 120B of Indian Penal Code (Note:- Subsequently after filing of the charge sheet the charges have been framed under Section 403, 405, 420, 465, 466, 467, 468, 471 & 120B of Indian Penal Code).

IV. That the Hon'ble Court may kindly be pleased to quash the impugned order of taking cognizance dated 26.10.2024, passed in Criminal Case No. 10436/2024 in the matter of State of Chhattisgarh v. Birim Sai Toppo & others, whereby the learned Chief Judicial Magistrate Bilaspur, District Bilaspur has taken cognizance of the impugned Chargesheet and registered the impugned criminal proceeding as Criminal Case No.10436/2024 against the petitioners and the entire criminal proceedings i.e. Criminal Case No. 10436/2024 in the matter of State of Chhattisgarh v. Birim Sai Toppo & others, pending before Chief Judicial Magistrate Bilaspur, District Bilaspur for the offence under section 403, 405, 420, 465, 466, 467, 468, 471 & 120B of Indian Penal Code may also kindly be quashed, so far as it relates to the petitioners are concerned.

V. That, the Hon'ble Court may kindly be pleased to quash the order dated 29.01.2026 passed by the 9th Additional Session's Judge, where by the revision against framing of charge has been dismissed in Criminal Revision No. 214/2025, the Hon'ble Court may further be pleased to set-aside the order dated 17.10.2025 passed in Criminal Case No. 10436/2024 by Judicial Magistrate First Class, Bilaspur, District Bilaspur, whereby the charges under Section 403, 405, 420, 465, 466, 467, 468, 471 & 120B of Indian Penal Code have been framed.

VI. 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 brief facts necessary for the disposal of the present petition are that Respondent No.2/complainant filed an application under Section 156(3) of the Code of Criminal Procedure before the learned Judicial Magistrate First Class, Bilaspur, District Bilaspur, claiming himself to be a member of the Church of Christ Mission in India. In the said application, it was alleged that the present petitioners had purchased land bearing Khasra No. 296/1 from the other co-accused persons and that the said land is the graveyard belonging to the Church of Christ Mission in India. The learned Judicial Magistrate First Class, vide order dated 18.04.2024, allowed the said application and directed the In-charge of the concerned Police Station to