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2025 DAILYLAW 13080 (CHH)

MANOJ KUMAR PRADHAN v. STATE OF CHHATTISGARH

CRMP/1019/2025 · 2025-03-28

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:14981-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1019 of 2025 1 - Manoj Kumar Pradhan S/o Late Baikunth Bihari Pradhan Aged About 30 Years Resident Of Floral City, Dunda, Raipur C.G. Presently Posted As Computer Operator At Jharamuda Procurement Center, Mahasamund C.G. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Home Affairs, Capitol Complex, Mahanadi Bhawan, New Raipur C.G. 2 - Superintendent Of Police District Mahasamund, Chhattisgarh 3 - Station House Officer Police Station Basna, District Mahasamund, Chhattisgarh 4 - Amritlal S/o Dukhu Pradhan Aged About 60 Years Resident Of Tala Betari, Basna, Distt. Mahasamund (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Raja Ali, Advocate. For Respondent(s) : Mr. S. S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 28/03/2025 1. The present CRMP has been filed by the petitioner under Section 528 2 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking quashment of FIR bearing Crime No. 63 of 2024 for the offences punishable under Sections 420, 409 and 34 of IPC registered at Police Station Basna, District Mahasamund (C.G.) dated 01.02.2024. 2. The petitioner has filed the present petition with the following prayer:- “It is, therefore, prayed that this Hon'ble Court may be pleased to exercise its inherent jurisdiction under Section 528 of BNSS, 2023 and in exercise thereof call for the records, if necessary, admit the petition and after hearing parties in the matter quash the FIR No. 63/2024 for the offences under Section 420, 409, 34 of IPC registered at respondent no.3 police station and/or pass such other orders in favour of the petitioner as this Hon'ble Court may deem it fit in the facts and circumstances of the case.” 3. Vide order dated 21.03.2025 this Court has directed the Director General of Police, Chhattisgarh to call for an explanation from the Investigating Officer concerned through S.P. concerned, as to why the investigation with respect to the petitioner is kept pending till date. 4. In compliance of the Court's order dated 21.03.2025 the Director General of Police, Chhattisgarh has called the report from the concerned Investigation Officer through Superintendent of Police. The concerned Investigating Officer has submitted his explanation and said that after registration of the FIR the present petitioner was absconding but considering his dissatisfactory and punishment of censor has imposed upon the concerned Investigating Officer vide order dated 26.03.2025. The Director General of Police, Chhattisgarh has sent his 3 report dated 27.03.2025 directly to this Court which is taken on record. 5. Learned counsel appearing for the State would submit that the punishment upon the Investigating Officer have been imposed and the matter is still under investigation. He would also submits that the charge-sheet against the co-accused has been filed as the petitioner is not cooperating with the investigation and the investigation is still pending against him. The police authorities are making all endeavour to conclude the investigation at the earliest and police report will be filed as soon as the investigation is completed. 6. Considering the facts & circumstances of the case, the submissions advanced by learned counsel for the State and nature of dispute, we direct the Investigating Officer-respondent No.3 of the present case to conclude the investigation with respect to the petitioner and submit a police report under Section 173(2) of the CrPC (Now Section 193(3) of the BNNS) before the Magistrate concerned expeditiously, in accordance with law, if already not concluded, preferably within a period of three weeks from today. 7. With the aforesaid direction, the present petition stands disposed off. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.02 16:28:07 +0530