136

2026:PHHC:073422

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MANISHA BATRA, J.(Oral)

1. The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking quashing of FIR No. 24 dated 09.04.2025 registered under Sections 305 and 331(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 317(2) BNS added later on at Police Station Division No. 4, District Ludhiana along with all consequential proceedings arising therefrom including the challan presented under Section 193 BNSS.

2. Brief facts of the prosecution case are that the aforementioned FIR was registered on the basis of the statement recorded by complainant S. K. Nasim Uddin on 09.04.2025 with the allegations that he was running a jewelry business at Ludhiana and was having a shop therein, where around 15 workers were employed. On 05.04.2025, he had brought gold jewelries of 200 grams from Sirhind for the purpose of designing. On 06.04.2025, his brother had also brought 300 grams of gold from another jeweler for designing purposes. The complainant alleged that on 06.04.2025, one person came to their shop and introduced himself as S. K. Rajesh. He told the complainant that he had come from Kolkata for the purpose of crafting jewelry as called by them. He stayed at their shop and worked with them and crafted the jewelries. However, in the intervening night of 8/9.04.2025, by stealing gold jewelries weighing 500 grams, he left their shop. This fact was confirmed by them after watching the CCTV footage of the shop. By alleging that the above said S. K. Rajesh had stolen gold jewelries from his shop, the complainant prayed for taking action in the matter. After registration of the FIR, investigation proceedings were initiated. During investigation, it was revealed that the jewelry had been stolen by Jinnat Sheikh, who had told his name as S. K. Rajesh. The said Jinnat Sheikh, who was in custody in connection with some other case, was joined into investigation by securing his presence by way of production warrants. On interrogation, he suffered disclosure statement admitting his involvement in the crime and further disclosed that he had sold 300 grams of stolen gold to one Ziyaul Haque Halder @ Bapi and 100 grams of gold to Rijul Islam Khandkar and could get the same recovered. Accused Ziyaul Haque Halder @ Bapi, after arrest, suffered disclosure statement, on the basis of which, the present petitioner was nominated as an accused on the allegations that he had purchased 300 grams of stolen gold from him. The petitioner was arrested on 27.10.2025. 1717 grams of gold-silver mixture and 29 grams of gold ornaments were recovered from his custody. He was subsequently granted concession of bail by this Court. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offences.

3. It is argued by learned counsel for the petitioner, who is a resident of West Bengal, that he has been falsely implicated in this case. He was neither named in the FIR nor any overt act was attributed to him by the complainant. The entire case against the petitioner rests only upon disclosure statements of co-accused, which are inadmissible in evidence. It is argued that although the police allegedly recovered gold and silver mixture weighing around 1.717 kilograms along with certain ornaments from the petitioner, there is no material to show that the recovered articles matched the stolen property allegedly taken from the complainant’s shop. Even, the same has not been identified by the complainant as the stolen articles from his shop. It is thus submitted that no offence under Section 317(2) BNS is made out against the petitioner. The prosecution of the petitioner would be nothing but misuse of process of law. Therefore, it is argued that the FIR in question and the subsequent proceedings arising therefrom are liable to be qu