Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Abdul Wahab Khan, Advocate along with Mr. Jai Kumar Dewangan, Petitioner in Person. Also heard Mr. Ashish Shukla, learned Addl. Advocate General, appearing for the Respondent/State.

2. Present is a Criminal Miscellaneous Petition filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 322/2022 dated 28.05.2022 registered at Police Station City Kotwali, Mungeli, District Mungeli (C.G.) for the offence under Section 420 read with Section 34 of the Indian Penal Code, as well as for quashing of the Final Report/Charge-sheet arising therefrom and Criminal Case No. 1861/2026 pending before the Court of learned Chief Judicial Magistrate, Mungeli, District Mungeli (C.G.), along with all consequential criminal proceedings arising therefrom, and prayed for the following reliefs:-

“1. That, Hon'ble Court may kindly be pleased to allow the instant petition under section528 of B.N.S. 2023 filed by the petitioner, in the interest of justice.

2. That, Hon'ble Court may kindly be pleased to quash the charge sheet dated 16.04.2026 and FIR bearing No. 322/2022 registered on dated 28.05.2022 at police station Mungeli, District Mungeli Chhattisgarh filed under section 420, 34 of I.P.C. against the petitioners, in the interest of justice.

3. That, Hon'ble Court may kindly be pleased 3. to quash entire charge 16.04.2026 sheet dated Judicial learned before Magistrate First Class Mungeli, District Mungeli Chhattisgarh under section 420, 34 of I.P.C. against the petitioners in the interest of justice.

4. That, Hon'ble Court may kindly be pleased to quash entire criminal proceeding of Criminal case No. 14524/2026 pending before the learned Judicial Magistrate First Class Raipur, District Raipur Chhattisgarh against the petitioners, in the interest of justice.

5. That, Hon'ble Court may kindly be pleased to quash cognizance dated 16.04.2026 taken by the learned Chief Judicial Magistrate Mungeli Chhattisgarh and also to quash entire proceeding of criminal case No. 1861/2026 pending before the learned Chief Judicial Magistrate Mungeli, Mungeli Chhattisgarh, in the interest of District justice.

6. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.”

3. That, the present case arises out of FIR No. 322/2022 dated 28.05.2022 registered at Police Station City Kotwali, Mungeli, District Mungeli (C.G.) for the offence under Section 420 read with Section 34 of the Indian Penal Code against the petitioners. The prosecution story, in brief, is that the complainant alleged that petitioner No. 1 had friendly relations with him through his cousin brother Vishnu Dewangan, who was working as peon in the office of the complainant’s father at Kawardha Court, and on that basis the petitioner No. 1 allegedly extended assistance in the medical treatment of the complainant’s mother at C.M.C. Vellore (Chennai), during which certain expenses were allegedly made through the ATM of Smt. Apara Toppo, State Bank of India, and subsequently on 28.08.2020 an amount of Rs. 6,96,936/- was allegedly withdrawn through ATM without authorization by some unknown person. On the basis of the said allegations, FIR was registered and after investigation, charge-sheet has been filed before the competent Court, whereupon Criminal Case No. 1861/2026 is pending before the Court of learned Chief Judicial Magistrate, Mungeli, District Mungeli (C.G.), and being aggrieved by the initiation and continuation of the said criminal proceedings, the petitioners have preferred the present Criminal Miscellaneous Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of FIR and all consequential proceedings.

4. Learned counsel for the petitioner submits that the impugned FIR No. 322/2022 dated