The Madhya Pradesh High Court has reaffirmed that the inherent powers of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, cannot be invoked to quash criminal proceedings where a chargesheet has been filed based on prima facie material implicating the accused. This ruling underscores the principle that factual disputes and evidentiary evaluation must be left to the trial court.
Background & Facts
The Dispute
The petitioner, Hemraj Tailor, seeks quashing of criminal proceedings arising from Crime No. 481/2023 registered at Police Station Jeerapur, District Rajgarh. The case stems from allegations that the petitioner induced the husband of the complainant to convert to Islam, thereby violating the Madhya Pradesh Freedom of Religion Act, 2021, and committing criminal intimidation under Section 506 read with Section 34 of the IPC.
Key Facts
- The complainant, a woman, and her minor son, Prince, allege that the petitioner, a local tailor, exerted undue influence on the complainant’s husband to convert to Islam.
- The husband allegedly converted to Islam on or about 15.11.2023, following persistent pressure from the petitioner.
- The complainant filed an FIR on 18.12.2023, alleging that the petitioner used coercion and misrepresentation to facilitate the conversion.
- The statement of Prince, the minor son, recorded on 18.12.2023, specifically names the petitioner as the person who repeatedly approached the family and pressured the father to change religion.
- The complainant’s statement corroborates the minor’s account, stating that the petitioner offered financial incentives and threatened social ostracization if the family did not convert.
- The investigation concluded with the filing of a chargesheet on 10.03.2025, naming the petitioner as an accused under Sections 3 and 5 of the M.P. Freedom of Religion Act, 2021, and Sections 506 and 34 of the IPC.
- The petitioner was not arrested but was served with notice under Section 41A CrPC.
Procedural History
- 18.12.2023: FIR Crime No. 481/2023 registered at P.S. Jeerapur, District Rajgarh.
- 18.12.2023: Statement of Prince (minor son) recorded by investigating officer.
- 10.03.2025: Chargesheet filed before the Special Judge (SC/ST Act), Rajgarh.
- 15.04.2026: Petition under Section 528 of BNSS, 2023 filed before the Madhya Pradesh High Court seeking quashing of proceedings.
- 29.04.2026: Hearing concluded; order passed dismissing petition.
The Parties' Positions
The petitioner contends that he had no direct role in the alleged conversion. He argues that the chargesheet is based solely on the uncorroborated statements of the complainant and her minor son, with no independent evidence linking him to the offence. He asserts that the invocation of Sections 3 and 5 of the M.P. Freedom of Religion Act, 2021, is an abuse of process, as there is no proof of force, fraud, or inducement.
The State, through the Government Advocate, argues that the chargesheet is supported by material evidence, including the detailed statement of the minor son, which is consistent with the complainant’s version. It further submits that the allegations, if proven, constitute a serious offence under the statute, and the trial court is the appropriate forum to evaluate credibility and admissibility of evidence.
Relief Sought
The petitioner seeks quashing of the criminal proceedings under Section 528 of BNSS, 2023, and a stay on further proceedings pending disposal of the petition. He also seeks dismissal of the chargesheet as baseless and devoid of any prima facie material.
The Legal Issue
Can the High Court exercise its inherent powers under Section 528 of BNSS, 2023, to quash criminal proceedings at the post-chargesheet stage when the investigating agency has recorded statements implicating the accused, and the allegations, if accepted, constitute a cognizable offence?
Arguments Presented
For the Petitioner
The petitioner’s counsel relied on Indian Oil Corporation v. NEPC India Limited and G. Sagar Suri v. State of U.P. to argue that the High Court may quash proceedings where the allegations, even if true, do not constitute an offence, or where there is a complete absence of evidence. He contended that the petitioner’s role, if any, was peripheral and did not meet the threshold of abetment or conspiracy under Section 34 IPC or Section 5 of the M.P. Freedom of Religion Act. He further argued that the minor’s statement, being that of a child, requires corroboration and cannot sustain a chargesheet.
For the Respondent/State
The State countered that the chargesheet was not filed arbitrarily. The statement of Prince, though that of a minor, was recorded under Section 161 CrPC and is consistent with the complainant’s version. The State emphasized that the High Court’s inherent powers are not meant to act as a pre-trial appellate forum. It cited Neeharika Infrastructure v. State of Maharashtra to assert that where a chargesheet is filed based on prima facie material, the court must refrain from interfering unless the allegations are manifestly false or legally unsustainable.
The Court's Analysis
The Court examined the scope of Section 528 of BNSS, 2023, which preserves the inherent powers of the High Court to prevent abuse of process or secure the ends of justice. It noted that while such powers are broad, they are not unfettered and must be exercised sparingly, particularly after a chargesheet has been filed.
"The question which is now raised by the petitioner by way of the instant petition is required to be tested at the time of trial by leading cogent and convincing evidence, which will be considered by the trial Court, after prosecution adduce evidence and petitioner being accused has opportunity to examine and cross-examine the prosecution witness."
The Court observed that the statements of the complainant and her minor son, Prince, directly implicate the petitioner in the alleged acts of inducement and coercion. The fact that these statements were recorded during investigation and formed the basis of the chargesheet indicates that the investigating agency found sufficient grounds to proceed. The Court held that the petitioner’s contention that the allegations are vague or unsubstantiated is a matter for trial, not for quashing.
The Court distinguished Indian Oil Corporation and G. Sagar Suri, noting that those cases involved situations where the allegations, even if true, did not disclose any offence. Here, the allegations, if proven, clearly fall within the ambit of Section 3 of the M.P. Freedom of Religion Act, 2021, which prohibits conversion by undue influence. The Court further held that the invocation of Section 506 IPC for criminal intimidation is not frivolous, given the alleged threats of social ostracization.
The Court emphasized that the inherent power under Section 528 is not a substitute for trial. The credibility of witnesses, the weight of evidence, and the possibility of collusion or fabrication are all matters for the trial court to determine after full opportunity for cross-examination.
The Verdict
The petition was dismissed. The High Court held that no case was made out for invoking inherent powers under Section 528 of BNSS, 2023. The criminal proceedings arising from Crime No. 481/2023 shall continue before the Special Judge (SC/ST Act), Rajgarh. The application for stay, I.A. No. 5311/2026, was also disposed of. The Court directed that the trial be conducted expeditiously, with due regard to the rights of the accused.
What This Means For Similar Cases
Chargesheet Is a Significant Threshold for Quashing
- Practitioners must recognize that filing of a chargesheet significantly raises the bar for quashing under Section 528 BNSS.
- Mere denial of allegations or assertion of innocence is insufficient; the accused must demonstrate that the chargesheet is based on no evidence or is legally unsustainable.
- Courts will not re-evaluate witness credibility or evidentiary weight at the pre-trial stage.
Minor’s Statement Can Sustain Proceedings
- The statement of a minor witness, if recorded properly and consistent with other material, can constitute prima facie evidence.
- The absence of independent corroboration does not automatically invalidate the chargesheet.
- Defence counsel must prepare for cross-examination of minor witnesses as a core trial strategy, not as a ground for pre-trial quashing.
Statutory Offences Require Judicial Restraint
- Offences under special statutes like the M.P. Freedom of Religion Act, 2021, are treated with seriousness by courts.
- Allegations of inducement or coercion for religious conversion are not to be dismissed as trivial.
- Courts will permit trial to proceed unless the allegations are so inherently improbable or legally defective that no reasonable person could believe them.
