1 2025:CGHC:16496-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 574 of 2023 Anjani Kumar Khare S/o Ramadhar Ram Aged About 55 Years R/o Bageecha, P.S. Bageecha Civil And Revenue District Jashpur Chhattisgarh ... Petitioner versus 1 - The State of Chhattisgarh Through The Station House Officer, Police Station Bageecha, District Jashpur Chhattisgarh. 2 - The Secretary Department Of Scheduled Caste And Scheduled Tribe, Mantralaya Mahanadi Bhavan Capital Complex Naya Raipur District Raipur Chhattisgarh. 3 - The Collector Tribal Welfare Department Branch District Jashpur Chhattisgarh. 4 - The Commissioner, Tribal Welfare Department, Raipur, District Raipur Chhattisgarh. 5 - The Assistant Commissioner, Tribal Welfare Department, Jashpur, District Jashpur Chhattisgarh. 6 - Shri Anand Prakash Lakda Assistant Statistics Officer, Office Of Joint Commissioner, Tribal Welfare Department, Jashpur District Jashpur Chhattisgarh. --- Respondents (Cause title is taken from the CIS) 2 For Petitioner : Mr. Navin Shukla, Advocate For State/respondents No.1 to 5 : Mr. Shashank Thakur, Dy. A.G. & Mr. Nitansh Jaiswal, PL For Respondent No.6 : Mr. Suraj Patel, Adv. appears on behalf of Mr. Akash Shrivastava, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice 08.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard Mr. Navin Shukla, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Dy. A.G. & Mr. Nitansh Jaiswal, Panel Lawyer for the State/Respondents No.1 to 5 & Mr. Suraj Patel, Advocate appears on behalf of Mr. Akash Shrivastava, learned counsel for respondent No.6. 3. The present writ petition has been filed by the petitioner with the following prayer : “It is, therefore, prayed that this Hon'ble Court in exercise of its inherent powers under Section 482 of 3 Cr.P.C. may kindly be pleased to allow this petition, quash the impugned FIR bearing Crime No. 84/2014 registered at Police Station-Bageecha, District- Jashpur (CG) with respect to petitioner for the offence under Sections 468,196, 197,198 of IPC and the entire criminal proceedings arising there from against the petitioner, in the interest of justice.” 4. On 19.03.2025, this Court had passed the following order : “Heard Shri Navin Shukla, learned counsel for the petitioner. Also heard Shri Nitansh Kumar Jaiswal, learned PL for the State, and Shri Suraj Patel, learned Advocate appearing on behalf of Shri Vikas Shrivastava, learned counsel for the complainant. The Director General Of Police, State of Chhattisgarh is directed to file his personal affidavit in the matter, calling explanation from the Investigating Officer concerned, as to why the investigation with respect to the FIR in Crime No.84 of 2014 registered at Police Station- Bageecha, 4 District- Jaspur for the offence under Sections 468, 196, 197, and 198 of the IPC has not been completed and charge-sheet has not been filed in the case, as the same is still pending. Let the matter be listed on 8th April, 2025 along with the personal affidavit of the Director General Of Police, State of Chhattisgarh.” 5. Learned State counsel submits that in compliance of the order dated 19.03.2025 passed by this Court, the Director General of Police, Police Headquarters, Nawa Raipur, District Raipur (C.G.) has filed his personal affidavit on 04.04.2025, which is on record as under : “1. That, the instant criminal miscellaneous petition has been filed by the petitioner for quashing the First Information Report bearing Crime No. 84/2014 dated 26.06.2014 registered for the offence under Section 468, 196, 197, 198 of Indian Penal Code egistered at Police Station Bageecha, Distt. Jashpur (C.G.). 2. That, the Hon'ble Court after hearing the case, vide order dated 19.03.2025 was pleased to direct the Director General of Police, State of Chhattisgarh 5 to file his personal affidavit in the matter, calling explanation from the Investigating Officer concerned, as to why the investigation with respect to the FIR in Crime No. 84 of 2014 registered at Police Station Bageecha, District Jashpur for the offence under Sections 468, 196, 197 and 198 of the IPC has not been completed and charge-sheet has not filed in the case, as the same is still pending. 3. It is most humbly submitted by the deponent that in compliance of the Hon'ble Court's order dated 19.03.2025, the Senior Superintendent of Police, Jashpur was directed to enquire the matter and call explanation from the investigating officer of the said crime number. Copy of letter dated 24.03.2025 is filed herewith as ANNEXURE D/1. 4. That, the deponent most humbly and respectfully submits that the Inspector General of Police, Sarguja Range, Sarguja has submitted a detailed report thereby mentioning that the Senior Superintendent of Police, Jashpur has directed the Sub Divisional Officer (Police), Bagecha, Distt Jashpur to call the explanation from the concerned Investigation 6 Officers of Crime No. 84/2014 and to submit the report. Copy of the report of IGP, Sarguja dated 02.04.2025 and copy of order dated 21.03.2025 are filed herewith as ANNEXURE D/2 & D/3. The Sub Divisional Officer (Police), Bageecha, Distt. Jashpur called explanation to all the concerned Investigation Officers. After receiving the explanations, the Sub Divisional Officer (Police), Bageecha, Distt. Jashpur submitted report before the Senior Superintendent of Police, Jashpur (C.G.). Copy of report dated 28.03.2025 is filed herewith as ANNEXURE D/4. 5. That, since the explanation submitted by the Police Personnel were not found satisfactory, the Senior Superintendent of Police, Jashpur imposed penalty to entry of Censure in the service record of the Inspector Rajesh Marai, Inspector Bhaskar Sharma, Inspector Ram Sai Painkra, Inspector Vineet Kumar Pandey and Inspector Amit Tiwari. Copy of order dated 31.03.2025 is filed herewith as ANNEXURE D/5. 6. That, vide order dated 31.03.2025 the Senior Superintendent of Police, Jashpur imposed penalty 7 of withholding of one increment without cumulative effect upon Sub Inspector Vikas Shukla, Sub Inspector Saklu Ram Bhagat, Sub Inspector Pradeep Kumar Sidar, Sub Inspector Akhilesh Singh and Sub Inspector Satish Kumar Sonwani. Copy of order dated 31.03.2025 is filed herewith as ANNEXURE D/6. 7. It is most humbly submitted that the investigation in Crime No. 84/2014 has been completed and Final Report (खात्मा) has also been submitted before the learned Trial Court on 01.04.2025. Copy of Final Report dated 01.04.2025 is filed herewith as ANNEXURE-D/7.” 6. From perusal of the said affidavit, it transpires that vide letter dated 24.03.2025 (Annexure D-1), the Inspector General of Police, Police Headquarters, Nawa Raipur, Atal Nagar, Raipur (C.G.) has directed the Senior Superintendent of Police, District Jashpur (C.G.) to conduct an inquiry and fix responsibility for the failure in submitting the Final Report before the trial Court even after almost 11 years since the FIR was lodged against the petitioner. 8 7. It is also evident from the above affidavit that after receiving the said direction, the Senior Superintendent of Police, District Jashpur has directed the Sub Divisional Officer (Police), Bageecha, District Jashpur to call the explanation from the concerned Investigating Officers of Crime No.84/2014 and to submit the report. The Sub Divisional Officer (Police), Bageecha, District Jashpur called explanation from all the concerned Investigation Officers. After receiving the explanations, the Sub Divisional Officer (Police), Bageecha, District Jashpur submitted report the before the Senior Superintendent of Police, District Jashpur (C.G.) vide report dated 28.03.2025. 8. Since the explanations submitted by the erring Police Personnel were not found satisfactory, therefore, vide order dated 31.03.2025 (Annexure D-6), the Senior Superintendent of Police, District Jashpur imposed the penalty of withholding of one increment without cumulative effect against the erring officers i.e. Sub Inspector Vikas Shukla, Sub Inspector Saklu Ram Bhagat, Sub Inspector Pradeep Kumar Sidar, Sub Inspector Akhilesh Singh and Sub Inspector Satish Kumar Sonwani. Copy of the order dated 31.03.2025 has been annexed along with the affidavit. 9. Further it has been stated in the affidavit that the closure report has been filed in the present Crime No.84 of 2014 before the Court concerned on 01.04.2025. 9 10. Since the closure report has been filed in the instant case, therefore, nothing survives for adjudication in this case. In view of the same, the instant petition stands disposed of. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Vasant