Chhattisgarh High Court Refuses To Quash FIR Against Assistant Professors Accused Of Forcing Hindu Students To Offer Namaz
The Chhattisgarh High Court was considering a Petition seeking quashing of an FIR registered under Sections 190, 196(1)(b), 197(1)(b), 197(1)(c), 299, 302 of the BNS and Section 4 of Chhattisgarh Freedom of Religion Act, 1968.
The Chhattisgarh High Court has refused to quash an FIR registered against an Assistant Professor working with Guru Ghasidas University, Bilaspur accused of forcing Hindu students to offer Namaz during an NSS Camp.
The Court was considering a Petition seeking quashing of an FIR registered under Sections 190, 196(1)(b), 197(1)(b), 197(1)(c), 299, 302 of the BNS and Section 4 of the Chhattisgarh Freedom of Religion Act, 1968.
The Division Bench of Chief Justice Ramesh Sinha and Justice Rakesh Mohan Pandey observed, "In the present case, the petitioners are already on bail, the investigation is going on and the charge-sheet has not been filed byet, therefore, it would not be appropriate to make any observations on the merits of the case."
The Petitioner was represented by Advocate Awadh Tripathi, while the Respondent was represented by Government Advocate Arvind Dubey.
Facts of the Case
A National Service Scheme (NSS) camp was organized by the University for three days. The Petitioners were deputed by the University to supervise the camp and the main Petitioner was appointed as a Coordinator. The Complainants who participated in the NSS Camp lodged an FIR against the Petitioners, alleging that they, as Hindu adherents, were compelled by the petitioners to offer Namaz.
Counsel for the Petitioner argued that the Written Complaint was lodged with a delay of 14-15 days and it was politically motivated. He contended that though 150 Hindu students participated in the camp but only three students lodged the FIR. He further submitted that the participants were not compelled by the Petitioners to offer Namaz and on false accusation, the Police registered the offence. He also submitted that in the camp, there were four students belonging to the Muslim religion, and they offered Namaz. The Counsel stated that bail has already been granted to the Petitioners and averred that the charges mentioned in the FIR are not made out against the Petitioner.
On the other hand, Counsel for the State submitted that the matter is under investigation and the witnesses have categorically supported the allegations made against the Petitioners.
Reasoning By Court
The Court at the outset referred to the Supreme Court's decision in Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & Ors. (2021), and observed that it would not be appropriate to make any observations on the merits of the case.
"Taking into consideration the law laid down by the Hon’ble Supreme Court in the matter of Neeharika (supra) and in view of the facts of the present case, both petitions fail and are hereby dismissed," the Court observed.
The Petition was accordingly dismissed.
Cause Title: Dilip Jha vs. State Of Chhattisgarh (2025:CGHC:22345-DB)
