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2026 Supreme(Online)(Chh) 15085
HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
RAMAKANT VAISHNAV – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRMP No. 1220 of 2026
For the Appellants/Petitioners: Shivendu Pandya
For the Respondents: Vaishali Mahilang
The High Court cannot conduct a mini-trial or adjudicate disputed questions of fact while exercising inherent powers to quash an FIR; it must only determine if the allegations prima facie disclose the commission of a cognizable offence.
Headnote:(A) Quashing of FIR - Inherent Jurisdiction - Scope of Section 482 CrPC / Section 528 BNSS - Interference is warranted only when allegations do not disclose any offence even if taken at face value or proceedings are maliciously instituted; disputed questions of fact cannot be adjudicated at this stage. (Para 8, 11)
(B) Electronic Evidence - Evidentiary Value - Reliance on screenshots and CDR - Deficiencies in investigation, such as non-seizure of original electronic devices or reliance on screenshots, are matters for trial and cannot be grounds for quashing proceedings at the FIR stage. (Para 13)
Issues: Whether the FIR and subsequent proceedings against the petitioner should be quashed on the grounds of technical error and lack of primary electronic evidence.
| Table of Content |
|---|
| 1. background of fir for abusive whatsapp status targeting a public figure. (Para 1 , 2 , 3) |
| 2. arguments on technical error and lack of evidence versus public order and prima facie offence. (Para 4 , 5 , 6) |
| 3. court's analysis of fir contents and the limited scope of inherent jurisdiction. (Para 7 , 8 , 9) |
| 4. disputed questions of fact and evidentiary value are matters for trial, not for quashing. (Para 10 , 11 , 12 , 13) |
| 5. application of supreme court guidelines prohibiting mini-trials during quashing proceedings. (Para 14 , 15 , 16) |
| 6. dismissal of the petition for lack of merit. (Para 17) |
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 pa
