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CRM-M-22452-2025 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

329 CRM-M-22452-2025 (O&M)

Date of decision:19.12.2025

Anil Kumar Singh ... Petitioner

Vs.

U.T. of Chandigarh & another ... Respondents

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present: Mr. Nitish Sharma, Advocate for the petitioner.

Mr. Viren Sibal, A.P.P., U.T., Chandigarh.

...

Manisha Batra, J. (Oral).

1. The present petition has filed by the petitioner under Section

528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’)

seeking quashing of FIR No.97, dated 15.08.2021, registered under Sections

380, 457, 34 and 411 IPC, at Police Station Mauli Jagran, Chandigarh and

all the subsequent proceedings having emanated therefrom.

2. Brief facts relevant for the purpose of disposal of this petition

are that the aforementioned FIR has been registered on the basis of written

complaint submitted by complainant – Aashik Ilai alleging that he along

with one Mohammed Aslam was residing in a rented accommodation. On

the intervening night of 13.08.2021, someone entered into their room and

had committed theft of their cell phones. He had checked CCTV footage and

had found Sunny, who was already acquainted with him to be coming

HARJEET KAUR

2025.12.19 17:28

I attest to the accuracy and

integrity of this document

CRM-M-22452-2025 (O&M) -2-

towards his house. He raised suspicion that their mobile phones had been

stolen by the aforementioned Sunny. By alleging that he had come to know

that cell phones of some other persons, namely, Nikhil Kumar, Akhilesh

Kumar and Neeraj had also been stolen by the aforementioned Sunny, he

prayed for taking action in the matter.

3. After registration of the FIR, investigation proceedings were

initiated. During investigation, accused Chaman and Sunny were arrested.

Five cell phones were recovered from their custody. On the basis of

disclosure statement suffered by them, the present petitioner was nominated

as an accused. Mobile phone stolen from the complainant was recovered

from him and the same had been identified by the latter. Investigation now

stands completed and the challan has been presented against the petitioner

and the co-accused.

4. It is argued by learned counsel for the petitioner that he has

been falsely implicated in this case on the basis of disclosure statement of

the co-accused, which cannot be considered to be admissible in evidence.

The redmi mobile phone, which has been recovered from him had been

purchased by him from one Manjit Kumar and was not a stolen property as

alleged. The mobile phones of the complainant and others had already been

recovered at the instance of accused Chaman. There is no invoice regarding

purchase of mobile phone by the complainant. He did not even mention the

IMEI number of his mobile phone and only SIM card number and make of

mobile was mentioned in the complaint. No purpose is going to be served by

subjecting him to trial and it would amount to abuse of process of law. There

is no legally admissible evidence to connect him with the crime and there is

HARJEET KAUR

2025.12.19 17:28

I attest to the accuracy and

integrity of this document

CRM-M-22452-2025 (O&M) -3-

no prospects of his being convicted. It is, hence, urged that the impugned

FIR is not sustainable qua him and is liable to be quashed.

5. Learned counsel appearing for U.T., Chandigarh has addressed

arguments in support of his pleas as taken in the reply by submitting that the

mobile phone belonging to the complainant had been recovered from the

petitioner. The investigation has concluded. Charges are also going to be

framed. The allegations levelled in the FIR, coupled with the proceedings

conducted during the course of investigation make out a prima facie case for

commission of subject offences as against the petitioner. The powers for

quashing of FIR under Section 528 of the BNSS are to be exercised in

extraordinary and exceptional circumstances and no such circumstance has

been made out in this case. It is, thus, stressed that the petition does