Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15235-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 177 of 2025 Johnson Ekka S/o Shri Jowakim Ekka Aged About 57 Years R/o C-59, Nature City P.O. Sakri Police Station Sakri District - Bilaspur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Director General Of Police, Chhattisgarh Naya Raipur District - Raipur (C.G.) 2 - Superintendent Of Police Bilaspur District- Bilaspur (C.G.) 3 – SHO, Police Station Sakri District - Bilaspur (C.G.) 4 - SHO, Cyber Cell Bilaspur District - Bilaspur (C.G.)
... Respondents For Petitioner : Mr.Abdul Wahab Khan, Advocate For Respondents : Mr.S.S. Baghel, Deputy Government Advocate Hon'ble Shri
Ramesh Sinha , Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal,
Judge
Order On Board Per
Ramesh Sinha, C.J.
01.04.2025
1. Heard Mr.Abdul Wahab Khan, learned counsel for the petitioner as well as Mr.S.S.Baghel, learned Deputy Government Advocate appearing for the respondents/State. BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.04.02 10:35:33 +0530
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2. By way of this writ petition, the petitioner has prayed for following reliefs:-
“10.1. That, the Hon’ble Court may kindly be pleased to direct the respondent to take appropriate / necessary action in FIR No.936/2024 u/s 318(4) BNS lodged at Police Station Sakri, District Bilaspur (CG). 10.2 That, the Hon’ble Court may kindly be pleased to direct the respondent No.1 to take appropriate action against the fraudulent and unauthorized transaction done by an unknown person.
10.3. Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that an unknown person misappropriated the personal and bank details of the petitioner and fraudulently taken loan of Rs.12,24,701/- and issued credit card of Rs.9,00,000/- in the bank account of the petitioner and thereafter withdrawn total sum of Rs.26,74,701/- (including Rs.5,50,509/- petitioner’s self-earned money) from his account. The petitioner has lodged the FIR being Crime No.936/2024 under Section 318 (4) of the BNS at Police Station Sakri on 15.12.2024, but till date the respondent / police has not taken the matter for investigation and due to the inaction on the part of the respondents, the petitioner is facing huge financial and mental distress.
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4. On the other hand, learned Deputy Government Advocate appearing for the respondents/State submits that the matter is under investigation.
5. We have heard learned counsel for the parties and perused the documents appended with writ petition.
6. Considering the facts and circumstances of the case and the
submissions advanced by learned counsel for the parties, we direct the Investigating Officer-respondent No.3 of the present case to conclude the investigation of the present case 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 eight weeks from today.
7. The petitioner is directed to produce a copy this order to the investigating officer within a period of one week from today.
8. With the aforesaid direction, the present petition stands disposed off. Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice Bablu