Bilaigarh (C.G.) v. The State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:11683-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 890 of 2025 Neelkanth Patel S/o Shri Bodhram Patel Aged About 24 Years Occupation- Student, R/o Village- Karigathi, Police Station- Sariya, District- Sarangarh- Bilaigarh (C.G.) ... Petitioner(s) versus The State of Chhattisgarh Through Station House OfÏcer, Police Station Koni, District- Bilaspur (C.G.) ...Respondent(s) For Petitioner For Respondent/State : : Mr. Raghvendra Pradhan and Mr. Roop Ram Naik, Advocates. Mr. Malay Jain, Panel Lawyer.
Legal Reasoning
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge
Decision
Order on Board Per Ramesh Sinha , Chief Justice 10.03.2025 BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.03.10 17:48:58 +0530 1. Heard Mr. Raghvendra Pradhan and Mr. Roop Ram Naik, learned counsel for the petitioner. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for the respondent/State. 2 2. The present petition has been filed by the petitioner with the following prayers: “(i) Quash/set aside the charge-sheet/final report No.216 of 2024 and First Information Report/Crime No.133 of 2024, registered at Police Station Koni, District Bilaspur (C.G.) for the alleged offence punishable under Section 67(B) Information Technology Act and Section 14 of the Protection of Children from Sexual Offences Act, 2012 (Annexure P/1). (ii) Quash/set aside the consequential criminal proceeding pending before the learned Upper Session Judge First Fast Track Court Special Court (POCSO) Act, Bilaspur, District Bilaspur (C.G.) in Criminal Case No. Special Criminal Case (POCSO Act)/6/2025 which is arising out from the Crime No. 133 of 2024, registered at Police Station Koni, District Bilaspur which is (Annexure P/2). (iii) Pass any appropriate and suitable order in favour of the petitioner, which this Hon’ble Court deems fit in the facts and circumstances of the case.” 3. Brief facts of the case are that, it is alleged against the petitioner that on 22.03.2022 at about 09:38 O'clock, the petitioner uploaded obscene video/photo of female and children on Instagram from Mobile No. 8319348400. As per cyber tip line report and direction of Superintendent 3 of Police directed the Police Station - Koni to register FIR and investigate the case. It is alleged against the petitioner that he changed long in IP as IST at tower location (incident place) village Koni, Bilaspur (C.G.). Thereafter, on 07.07.2024, the Police has issued notice under Section 41(A) of the CrPC to the petitioner and he was directed to appear before the Police Station on 09.07.2024. On 09.07.2024, the petitioner appeared before the Police Station, thereafter, the Police investigated the case and seized the SIM card, Mobile No. 8827805604. 4. Learned counsel for the petitioner submits that when the petitioner came to know that the FIR has been registered against him, thereafter, he made an application before the Police Station Koni and Superintendent of Police, Bilaspur, CEO, Indian Cyber Crime, Co-ordination Centre (14C) New Delhi, Director National Crime Record Bureau New Delhi, Head Cyber Cell Bilaspur on the ground that the petitioner has not uploaded any obscene video/photo and his mobile number and Instagram ID was hacked and password has been changed by unknown person on 19.03.2022 to 22.03.2022 on the date of incident. The petitioner also submitted the relevant screen shot of Facebook, Instagram. He also submits that the petitioner has specifically mentioned that as per information on 19.03.2022 from Facebook/Instagram, it is mentioned that it look like someone tried to log into your account on 19 th March at 16:50 using an unknown device. 5. It is further submitted by the learned counsel for the petitioner that on 22.03.2022, the notification has been received by the petitioner that someone tried to login in your account and the place of incident is shown as Pachpadra, Rajsthan, thereafter, his account has been blocked. He 4 also submits that on 22.03.2022 at 15:03 O'clock one mail has been received by the petitioner [email protected] that in his mail ID “We've noticed unusual login from a device or location you don't usually use. Was this you?” in which New login location and “Near Pachpadra, India” name of device “Chrome on Vivo iQOO Z3” is mentioned. The place of Pachpadra is situated at District Balotra of Rajsthan State. On 22.03.2022 at about 02:28 AM (PDT) the unknown person was trying to tempered and login the account of the petitioner and location was shown from Pachpadra and the said information has been received in the mail ID Instagram. 6. Learned counsel for the petitioner states that on 22.03.2022 at about 03.14 p.m., the password of the Instagram account of the petitioner has been changed by the unknown person, thereafter, the Instagram send message to the petitioner in mail ID that “This is a confirmation that the password for your Instagram account neelkanth.patel.186 has just been changed. If you did not change your password, you can secure your account here. If you are having trouble, please refer to the Instagram Help”. He further states that as per above-mentioned notification and information, it is clearly made out that the e-mail ID and mobile number of the petitioner was hacked by the hacker and the petitioner has no control and also the petitioner has not uploaded any obscene video/photo. 7. It is further contended by the learned counsel for the petitioner that on 21.03.2024, the Superintendent of Police has issued a memo of Police Station Koni by giving reference cyber tip line report 120841701 and mentioned on the basis of the said cyber tip line the obscene video / photo has been uploaded in the Instagram by account holder of Mob. No. 5 8319348400. The SP Bilaspur has directed to the Police Station to register FIR and do needful action against the holder of said mobile number. On 22.03.2022 at 15.30 O'clock Facebook sent message in the petitioner's e-mail ID i.e. [email protected] that “we have noticed and unusual login from device or location you don't usually use. Was this you?” As per the said message location has been mentioned near Pachpadra near India. The place/location Pachpadra is situated at District Balotara, Rajsthan. On 22.03.2022 at 3:08 pm Instagram sent message in the e-mail of the petitioner that “we have noticed a new login in Instagram” and location has been shown Pachpadra, India. On 22.03.2022 at 3:14 pm, the Instagram again sent message in the mail ID of the petitioner that this is a confirmation that the password for your Instagram account neelkanth.patel.186 has just been changed. It is pertinent to mention here that according to prosecution that the child pornography material was up-loaded it means the child pornography material was uploaded at that time the present petitioner had no control over his Facebook or Instagram account and the account of the petitioner was already hacked, hence, the petitioner had not control and he is not responsible for uploading any kind of child pornography material, if any, however there is no material on record to show that any obscene video has been uploaded from the mobile no. 8827805604 of the petitioner. 8. Learned counsel for the petitioner would submit that the petitioner submitted reply of notice under Section 41(A) of the CrPC before the Police Station and also Director General Police of Chhattisgarh. The DGP OfÏce issued letter on 03.09.2024 to Superintendent of Police District Sarangarh-Bilaigarh, thereafter, on 19.10.2024, the Superintendent of 6 Police Bilaigarh has issued a letter to Superintendent of Police, District Bilaspur with respect of the complaint of the petitioner in which it is mentioned that the Instagram ID of the petitioner has been hacked by changing the password in the Instagram. The FIR has been registered by the Police Station Koni, District – Bilaspur, thereafter, the request of the petitioner for enquiry has been forwarded to the SP Bilaspur and requested to send report to PHQ Raipur. The SP Bilaspur or Police Station Koni has not conducted any kind of enquiry and filed the charge- sheet before the learned trial Court. It is pertinent to mention here that if the Police has issued a notice to the petitioner and called explanation, thereafter, the explanation of the petitioner has not been accepted and also the point raised by the petitioner has not been enquired, hence, the present charge-sheet is liable to be quashed. He further submits that the petitioner is young person and completed aged about 24 years and he has pass out IIT from Bhuvneshwar and possessed the master of Science in Mathematics. If the petitioner is prosecuted in the incomplete investigation then he will suffer irreparable loss. He also submits that as per the FIR, the offence has been registered against holder of Mobile No. 8319348400, namely, Neelkant Patel, father’s name, Budhram Patel. The name of the petitioner is Neelkanth, father’s name, Bodhram Patel, but the Police has arrested and prosecuted the present petitioner in the present crime which is not sustainable in the eyes of law. He would submit that this Court vide order dated 05.12.2024 in MCRCA No. 1378 of 2024 had already been granted anticipatory bail to the present petitioner. 9. Learned counsel for the petitioner further submits that as per paragraph 16 of the final report, it is clearly mentioned that the result of 7 analysis from laboratory has been unachieved. The petitioner petitioner to mention here that the prosecution has not submitted any document or laboratory report that the alleged obscene video has been uploaded in the social media Instagram by the petitioner from his Mobile No. 8827805606, but the petitioner has been prosecuted for the alleged offence which is not sustainable in the eyes of law and even there is no document to show that the Mobile No. 8827805604 is involved in use of uploading obscene material. Hence, the FIR, charge-sheet and entire criminal proceedings are liable to be quashed. 10. On the other, learned State counsel opposes the submissions made by the learned counsel for the petitioner and submits that the investigation has been done strictly in accordance with law and after completion of investigation the final report/charge-sheet has been filed before the trial Court and the trial is in progress. 11. We have heard learned counsel for the parties and perused the materials available on record. 12. The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge- sheet should be exercised sparingly and only in exceptional cases and Courts should not ordinarily interfere with the investigations of cognizable offences. However, where the allegations made in the FIR or the complaint even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the FIR or the charge-sheet may be quashed in exercise of powers under Article 226 of the Constitution of India or inherent powers under Section 528 of the BNSS or under Section 482 of the Cr.P.C. 8 13. In the present case, admittedly, after completion of the investigation, charge-sheet has been filed against the petitioner and the learned trial Court has taken cognizance of the evidences and upon finding prima facie evidence regarding commission of offences the trial has been initiated against the petitioner. 14. Further, in the present case, from the perusal of the FIR and charge-sheet, it transpires that a Cyber Tipline Report 120841701 was received by the National Centre for Missing and Exploited Children on 23/03/2022 and on the basis of the summary provided, it was observed that a child pornography material was uploaded from the Instagram account attached to Mr. Neelkanth Patel on 02/03/2022 at 09:38:49 UTC from Mobile No. 8827805604, e-mail address [email protected] under user name neelkanth.patel.186. Therefore, it cannot be said that no cognizable offence is made out against the petitioner. Thus, the present petition does not fall in any of such category, wherein, this Court can exercise jurisdiction under Section 528 of the BNSS to quash the impugned FIR, charge-sheet as well as entire criminal proceedings. 15. Accordingly, the present petition being devoid of merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan