(Cause-title taken from Cause Information System)

NAFR

Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Gurudev I. Sharan, learned counsel for the petitioners. Also heard Mr. S. S. Baghel, learned Govt. Advocate, for the State/Respondent No.1, Mr. S. P. Sannat, learned counsel for the Respondent No. 2.

2. The petitioners have filed the present petition with the following prayer:

"A). For quashing of FIRST INFORMATION REPORT lodged by Complainant/respondent No.2 i.e. Virendra Baghel dated 20/09/2025 vide its Crime No. 225/2025 registered at police station : New Rajendra Nagar, District: Raipur (C.G.) for the alleged offence punishable under section 318(4) and 3 (5) of BNS, 2023.

B) For quashing of FINAL REPORT/CHARGE SHEET No. 133/2025 for the alleged offence punishable under section 318(4) & 3(5) of BNS, 2023 which is prepared on 22/10/2025 and submitted before the court of learned Judicial Magistrate First Class, Raipur, District: Raipur (C.G.) on 17/11/2025.

C) For quashing of CRIMINAL PROCEEDINGS vide its Cr. case No. 43082/2025 initiated by the court of learned Judicial Magistrate First Class, Raipur, District: Raipur (C.G.) vide its order dated 17/11/2025 whereby the police of police station New Rajendra Nagar, District Raipur has submitted the charge sheet in the crime No. 225/2025 registered at police station New Rajendra Nagar Raipur, for the alleged offence punishable under section 318(4) & 3(5) of BNS 2023.

D) For quashing of order dated 17/11/2025, whereby the court of learned JMFC, Raipur, has taken cognizance against the petitioners in the crime No.225/2025 registered at police station New Rajendra Nagar, Raipur, District Raipur forthe alleged offence punishable under section 318(4) & 3(5) of BNS 2023 in furtherance of FIR dated 20/09/2025 lodged by respondent No.2/complainant Virendra Baghel and fixed the case for framing of charge on 13/02/2026."

3. The present petition arises out of FIR registered at Police Station New Rajendra Nagar, District Raipur, on the basis of a written complaint lodged by Respondent No. 2, Virendra Baghel, alleging commission of offences by the petitioners in connection with the business activities of RIL (Resolve Improve Life) India Marketing Private Limited/WEICONIC Private Limited. It is alleged that the petitioners induced the complainant and his associates to deposit a total sum of Rs.1,02,480/- on the assurance of appointment as Salesmen/Agents with a monthly salary of Rs.22,000/- along with food and accommodation facilities. According to the complainant, after depositing the amount for purchase of company products, the promised benefits were not provided, giving rise to an allegation of cheating. Following investigation, the police filed a charge-sheet, cognizance has been taken by the learned JMFC, Raipur, and the case is presently pending at the stage of consideration of charge. Aggrieved by the registration of the FIR, filing of the charge-sheet, and continuation of the criminal proceedings, the petitioners have preferred the present petition seeking quashment of the same.

4. Learned counsel for the petitioners submits that the impugned FIR and the consequential criminal proceedings are wholly arbitrary and amount to an abuse of the process of law. It is contended that on the very same complaint submitted by the complainant on 18.09.2025, the police, after examining the allegations, treated the matter as a non-cognizable case and recorded proceedings under Section 155 of the Cr.P.C. (corresponding to Section 174 of the BNSS), advising the complainant to avail the appropriate remedy before the competent Court. However, within two days and without any fresh material or change in circumstances, the police registered the impugned FIR on 20.09.2025 treating the very same allegations as constituting a cognizable offence. Learned counsel further submits that the complainant and the other persons had voluntarily joined the company as Independent Business Ow