1 2025:CGHC:11325-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 847 of 2025 1 - Dr. Vyas Dubey S/o Late Shri Manrakhan Dubey Aged About 67 Years (As Per Challan) R/o B-2/5, Manas Kunj, Lokmanya Samiti, Rohinipuram, Police Station D.D. Nagar, District Raipur (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar, District Raipur (C.G.) 2 - The Finance Controller Ravishanker Shukla University Raipur District Raipur (C.G.) (Complainant) ... Respondent(s) For Petitioner(s) : Mr. Manoj Kumar Dubey, Advocate. For Respondent/State : Mr. Malay Kumar Jain, Panel Lawyer. For Respondent No.2 : Mr. Neeraj Choubey, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 07/03/2025 1. Heard Mr. Manoj Kumar Dubey, learned counsel for the petitioner. Also heard Mr. Malay Kumar Jain, learned Panel Lawyer for the Respondent/State, Mr. Neeraj 2 Choubey, learned counsel appearing for the respondent No.2. 2. The present petition under Section 528 of BNSS, 2023 has been filed by the petitioner for quashing of the FIR of Crime No. 115/2019 registered at Police Station Saraswati Nagar, Raipur for the offence under Section 409, 420, 467, 468 and 471 of IPC and also challenging the charge-sheet filed in the case and the proceeding of the criminal case No. 13481/2019 pending before the learned Judicial Magistrate First Class, Raipur and he prayed the following relief in his petition: "1. Call for the case diary for proper adjudication of the case. 2. Annexure P-1 FIR No. 0115/2019 registered by police station Saraswati Nagar Raipur for an offence under Section 409, 420, 467, 468 and 471 of IPC against the petitioner kindly be quashed. 3. and for the quashment of charge sheet filed before the court of JMFC Raipur. And the case no. 13481/2019 registered on the basis of above charge sheet which is pending for adjudication before the Hon'ble JMFC Raipur and in which till date sno charge has been framed yet against the petitioner. 4. Any other relief which may be deemed fit in favour of the petitioner kindly be passed by this Hon'ble court, in the interest of justice." 3. The petitioner is an accused in the aforesaid crime number registered against him. The allegation against the petitioner is that the petitioner was posted as the coordinator in re-valuation cell at Pandit Ravishankar Shukla University Raipur. An amount of Rs. 25 lakh was sanctioned as advance as expenses to be incurred in re- valuation of answer sheets, he misappropriated the said amount by forging the documents and vouchers. An inquiry was conducted and thereafter considering the prima facie evidence against the petitioner, the FIR was lodged by the finance 3 controller of the Pandit Ravishankar Shukla University Raipur on 27.06.2019 for which the impugned FIR of Crime No. 115/2019 has been registered at Police Station Saraswati Nagar, Raipur. After the investigation charge-sheet is filed against the petitioner on 05.12.2019 before the learned Judicial Magistrate First Class, Raipur where the criminal case No. 13481/2019 is registered and the proceeding is pending. 4. Learned counsel for the petitioner would submit that on the false allegation the FIR has been registered against the petitioner. In the Departmental Inquiry conducted by the respondent authorities, the petitioner has already been exonerated from all the charges and the criminal case has also based on the same set of allegation and the witnesses are also the same. The petitioner is protected with the provision of Section 197 of Cr.P.C. and there is no previous sanction to prosecute the petitioner, therefore, the entire prosecution against the petitioner is illegal. The petitioner has filed an application under Section 197 of Cr.P.C. before the learned trial Court which is still pending and charges have not been framed till date. Therefore, the petition may be allowed and the FIR as well as proceeding of the criminal case may be quashed. 5. On the other hand, learned counsel for the State opposes and have submitted that after considering the prima facie case against the petitioner, the FIR has been registered and after due investigation, charge-sheet has been filed in which the proceedings of the criminal case is pending before the learned trial Court for its adjudication. 6. We have heard learned counsel for the parties and perused the material annexed with the petition. 7. It transpires from the order-sheet of the trial Court which is filed along with the covering memo on 03.03.2025 and it reflects from the said order sheet dated 13.01.2023 of the learned trial Court that an application under Section 197 of Cr.P.C. has been filed by the petitioner who is the accused in the case and the said application has not been decided till date and for one or other reasons the 4 proceeding of the case are adjourned. 8. Considering the allegation leveled against the petitioner in the case, considering that the allegation of forgery requires evidence which are to be led by the parties and further that the application under Section 197 of Cr.P.C. filed by the petitioner on 13.01.2023 is pending till date, we do not find any good ground to quash the FIR as well as charge-sheet. However, the learned trial Court is directed to decide the said application filed by the petitioner/accused within 4 weeks from the next date fixed before the learned trial Court after hearing the parties in accordance with law. 9. With the aforesaid observation the present petition is disposed of. 10. A copy of this order be forwarded to the learned trial Court for its compliance and necessary action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.03.11 15:27:37 +0530