Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 13232 (CHH)

MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED v. STATE OF CHHATTISGARH AND OTHERS

CRMP/419/2021 · 2025-03-27

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:14771-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 419 of 2021 1 - Mahindra and Mahindra Financial Services Limited, Gateway Building, Apollo Bunder, Mumbai 400001 (Maharashtra), Through its Territory Legal Manager, Shri Prasun Shrivastav, S/o Late Shri R. K. Shrivastava, Aged About 45 Years Posted At 2nd Floor Alaska Corporates, V I P Chowk, Raipur Chhattisgarh --- Petitioner versus 1 - State of Chhattisgarh Through the Station House Officer, Police Station Pasaan, District Korba Chhattisgarh, District : Korba, Chhattisgarh 2 - Smt. Saraswati Shrivas W/o Shri Sant Kumar, Aged About 48 Years, R/o Village Amjhar, Police Station Pasaan, Tehsil Podi- Uproda, District Korba Chhattisgarh 3 - Ramchandra S/o Shri Brijmohan, Aged About 35 Years, Barber By Caste, R/o Village Amjhar, Police Station Pasaan, Tehsil Podi- Uproda, District Korba Chhattisgarh 4 - Devendra Kumar S/o Shri Sanghata Prasad, Aged About 36 Years, Barber By Caste, R/o Village Amjhar, Police Station Pasaan, Tehsil Podi- Uproda, District Korba Chhattisgarh 5 - Sunil Agrawal, Caste Agrawal, R/o Main Road, In Front of New Nagar Palika Complex, Baikunthpur District Korea Chhattisgarh --- Respondents CRMP No. 420 of 2022 Digitally signed by MOHAMMAD AADIL KHAN 2 1 - Sunil Kumar Agrawal S/o Shri Ramesh Kumar Agrawal, Aged About 46 Years, R/o Gandhi Ward 11, Kachhari Para, Baikunthpur Koriya, District Baikunthpur Koriya Chhattisgarh PIN 497335. ---Petitioner Versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Pasan District Korba Chhattisgarh. 2 - Smt. Saraswati Shrivas W/o Sant Kumar, Aged About 48 Years, R/o Village Amjhar, Police Station Pasan, Tahsil Podi Uproda, District Korba Chhattisgarh. 3 - Ramchandra S/o Brijmohan, By Caste Barber, R/o Village Amjhar, Police Station Pasan, Tahsil Podi Uproda , District Korba Chhattisgarh. 4 - Devendra Kumar S/o Sanghata Prasad By Caste Barber, R/o Village Amjhar, Police Station Pasan, Tahsil Podi, Uproda, District Korba Chhattisgarh. 5 - Mahindra Finance Through its Branch Manager, 1st Floor, Above Rahul Agency, In Front of Kamala Nursing Home, Ambikapur , District Surguja Chhattisgarh. 6 - Station House Officer, Police Station Jainagar, District Surajpur Chhattisgarh. --- Respondents Mr. Pragalbha Sharma, Advocate for the Petitioner in CRMP No.419/2021 and Respondent No.5 in CRMP No.420/2022. Mr. Prasun Kumar Bhaduri, Advocate for Petitioner in CRMP No.420/2022 and Respondent No.5 in CRMP No.419/2021. Mr. Shailendra Sharma, Panel Lawyer for the State. Mr. Anil Gulati, Advocate for respondent No.2 in CRMP No. 419/2021. Division Bench Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 27-03-2025 1. CRMP No. 419 of 2021 has been filed with the following prayer:- “i. call for entire records, case-diary and other material pertaining to passing of the impugned order and the 3 registration of the consequential FIR. ii. to quash and set-aside the impugned order dated 08.02.2021 passed by the Judicial Magistrate, First Class, Katghora, Distt. Korba (C.G.) and also the consequential order passed thereafter so far as it relates to the present petitioner, iii. quash the impugned FIR No. 27/2021 dated 18.02.2021 registered at police station Pasaan, Distt. Korba (C.G.) (Annexure P/2) any consequential action or steps taken pursuant to the impugned FIR, so far as it relates to the petitioner, iv. grant any other relief/ reliefs which this Hon’ble Court may think fit and proper in the facts and circumstances of the case may also be granted to the petitioner.” 2. CRMP No. 420 of 2022 has been filed with the following prayer:- “I. To quash entire proceedings initiated by the respondent no.2 under sub-section 3 of Section 156 of the Code of Criminal Procedure, 1973 before the court of the learned Judicial Magistrate Class I Katghora, District Korba in which the order dated 8th February 2021 has been issued Annexure P-1 (Colly). II. To quash Memorandum issued to the respondent no.1 on 15th February 2021 and subsequent memo dated 08th November 2021 by the learned Judicial Magistrate Class I directing registration of First Information Report against the petitioner and respondent no. 3 to 5 Annexure P-2. III. To quash First Information Report under Crime no. 27 of 4 2021 on 18th February 2021 for offences punishable under section 420 read with section 34 of the Indian Penal Code, 1860 Annexure P-3. IV. Costs, if any. V. Any other relief, which this Hon’ble Court may deem appropriate in the facts and circumstances of the case.” 3. The learned counsel for the State has pointed out that closure report has been filed in the present matters on 26-05-2022 being Closure Report No.02/2022 and he has produced copy of instructions dated 27-03-2025 received by him from the concerned police station, which is taken on record. 4. In view of the submission made by learned counsel for the State that closure report has been filed in the case, both these present petitions are disposed of accordingly. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil