Order on Board

Per Ramesh Sinha , Chief Justice

1. Heard Mr.Shivendu Pandya, learned counsel for the petitioner as well as Ms.Vaishali Mahilang, learned Deputy Government Advocate appearing for respondent No.1/State.

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

“i. That, the Hon'ble Court may kindly be pleased to allow the instant petition under Section 528 of B.N.S.S. 2023 filed by the petitioner.

ii. The Hon'ble Court may kindly be pleased to quash the F.I.R. in crime no. 12/2023 registered as Police Station Salhewara District Khairagarh-Chhuikhadan-Gandai (C.G.) for offence under Section 294, 504, 505(1)(b), 67 of Information Technology Act 2005, in the interest of justice.

iii. The Hon'ble Court may kindly be pleased to quash /set aside the charge sheet filed before Judicial Magistrate First Class dated 30.09.2024 for the offence committed under Section 294, 504, 505(1)(b), 67 of Information Technology Act 2005, in the interest of justice.

iv. The Hon'ble Court may kindly be pleased to quash /set aside the cognizance taken by Judicial Magistrate First Class Chhuikhadan, District Khairagarh-Chhuikhadan-Gandai (C.G.) in Criminal Case No. 1196/2024 dated 13.11.2024 for the offence committed under section 294, 504, 505(1) (b), 67 of Information Technology Act 2005, in the interest of justice.

v. The Hon'ble Court may kindly be pleased to quash /set aside the charges frame for the offence committed under Section 294, 504, 505(1)(b), 67 of Information Technology Act 2005 by the Judicial Magistrate First Class Chhuikhadan, District Khairagarh-Chhuikhadan-Gandai (C.G.) in Criminal Case No. 1196/2024 dated 13.11.2024, in the interest of justice.”

3. As per the prosecution story, on 28.04.2023, allegations were made against the present petitioner that he made certain statements against the Hon’ble former Chief Minister, Shri Bhupesh Baghel. It is further alleged that the petitioner used abusive language against the Hon’ble former Chief Minister and his family members. Thereafter, the petitioner allegedly uploaded a WhatsApp status containing abusive remarks against the Hon’ble former Chief Minister from his mobile phone. The said status was visible to and viewed by several persons who were in contact with the petitioner. Due to the circulation of the said WhatsApp status containing allegations against the Hon’ble former Chief Minister, Respondent No. 2, upon viewing the status on 28.04.2023 at about 12:00 PM while present in his office, also came across the content relating to the Dantewada Naxalite incident. Thereafter, he submitted a written complaint at Police Station Salhewara on 28.04.2023. Based on the said complaint, the police registered an FIR bearing Crime No. 12/2023 dated 29.04.2023 against the petitioner for offences under Sections 294, 504, 505(1)(b) of the Indian Penal Code and Section 67 of the Information Technology Act, 2000. Hence, the present petition.

4. Learned counsel for the petitioner submits that the alleged statement attributed to the petitioner was made under severe mental stress. It is submitted that the said statement was recorded by another individual, and the video was subsequently forwarded to the petitioner. Due to a technical error, the said video was inadvertently uploaded as a WhatsApp status without any deliberate intention on the part of the petitioner. Respondent No. 2, driven by political motives and influence, has lodged a false FIR against the petitioner solely to gain political mileage, and the petitioner has been wrongly implicated in the present case. The investigation has been completed and a charge sheet has been filed. However, the only material relied upon is the Call Detail Record (CDR) along with a certificate under Section 65B of the Indian Evidence Act. No primary electronic evidence, such as a pendrive, memory card, or the original device through which the alleged message was transmitted, has been seized or