1 2025:CGHC:17372-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1230 of 2025 • Roopram Patel S/o Shri Gajanand Patel Aged About 40 Years R/o Jharmura Tadola, Raigarh, Tahsil And District - Raigarh Chhattisgarh ... Petitioner(s) 1. versus 1 - State Of Chhattisgarh Through S.H.O. P.S. Mujgahan, Dist - Raipur Chhattisgarh 2 - Vinay Kumar Sahu S/o Shri Dhaniram Sahu Aged About 34 Years R/o Police Colony, Amlidih, Raipur Chhattisgarh 3 - Smt. Shikha Sahu W/o Shri Vinay Kumar Sahu Aged About 32 Years R/o Ward No. 22, Chirmiri, Koili, Koriya, Tahsil And District - Ko- riya Chhattisgarh ---- Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Ravindra Sharma, Advocate. For Respondent/State : Mr. Shashank Thakur, Addl. A.G. along with Mr. Hariom Rai, learned Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge Order on Board Per Arvind Kumar Verma, Judge 16/04/2025 Proceedings of this matter have been taken through video conferencing. 2 1. Heard Mr. Ravindra Sharma, learned counsel for petitioner. Also heard Mr. Shashank Thakur, Dy. A.G. along with Mr. Hariom Rai, learned Panel Lawyer for the State/Respondents. 2. The present petition has been filed by the petitioner with the following relief(s):- “It is therefore prayed that this Hon’ble Court may kindly be pleased to allow the Criminal Miscellaneous petition and may kindly be pleased to quash/set aside the F.I.R. / Crime No. 90/2023 registered at P.S. Mujgahan, District Raipur (C.G.) for the offence punishable under Section 420, 467, 468 and 34 of IPC on 01.04.2023, in the interest of justice. 3. Vide order dated 07.04.2025, this Court had directed to Director General of Police, State of Chhattisgarh to file his personal afÏdavit in the matter calling upon the explanation of the concerned Investigation ofÏcer as to why the investigation of the present case has not been completed when the FIR was lodged way back on 01.04.2023. 4. In compliance of the order dated 07.04.2025, the Director General of Police, State of Chhattisgarh has filed an afÏdavit which is reproduced as under:- By order dated 07/04/2025, this Hon'ble Court had directed the Deponent to file his personal afÏdavit by calling a report from the SP Raipur, along with the explanation of the concerned Investigating OfÏcer as to why the investigation is still pending even though the FIR was registered on 01.04.2023 in the Mujgahan PS of the Raipur District Police under Crime No. 90/2023 u/s 420, 467, 468, 471 & 34 of IPC and what actions have been taken against the concerned ofÏcer/s. Directions were issued to the Senior Superintendent of Police, Raipur vide a letter no. PHQ/CID/Legal Cell 1/260/25 dated 07.04.2025 to 3 send a comprehensive report through the Inspector General of Police, Raipur Range after taking an explanation from the concerned Investigation OfÏcer's and the SHO's and taking disciplinary action against any lapses on their part, if found. This letter was also endorsed to the Inspector General, Raipur Range as Annexure A/1. Based on the report from the DIG-SSP, Raipur, vide letter No. DIG/SSP/Raipur/Legal-1/G-311/2025 dated 08.04.2025, the Inspector General of Police, Raipur Range, has submitted a report vide letter No. IGP/Raipur/Reader/P/1872-B/2025 dated 08.04.2025 detailing the action pursuant to the letter from the deponent as Annexure A/3 and A/2 respectively. The deponent most humbly submits that pursuant to letter no. PHQ/CID/Legal Cell- 1/260/25 dated 07.04.2025 sent in compliance with the Hon'ble Court's order dated 07.04.2025, the DIG-SSP Raipur took an ofÏcial explanation from the SHO/s, Mujgahan PS, and the concerned Investigating OfÏcer/s of the Crime No. 90/2023. Additionally, the DIG-SSP, Raipur had directed the Additional Superintendent of Police (ASP), Nava Raipur to thoroughly investigate any lapses on part of the Investigating OfÏcer/s and the SHO/s of PS Mujgahan vide letter no. DIG/SSP/Raipur/Legal-1/G-309A/2025 dated 07.04.2025 as Annexure A/4. The Deponent most humbly submits that as per the report submitted, the DIG-SSP Raipur took ofÏcial explanations from successive SHOs of the Mujgahan thana, namely Inspector Dipesh Jaiswal and Inspector Ashish Singh Rajput whose tenure covered the period during which the Crime no. 90/2023 was investigated by SI S. L. Gorley and St Hariprasad Devta successively. A delay on the part of St Hariprasad Devta has been found in the collection of evidence against the accused persons as he did not conduct any investigation for one year from formally arresting the accused persons on 20.01.2024 and 21.01.2024 till preparing summons for the electricity department and concerned bank to provide relevant documents on 07.01.2025. An ofÏcial censure (ninda) has been issued to the aforesaid Investigating OfÏcer for his 4 tardy investigation. For his lapse in the supervision of the investigation of crime no. 90/2023, the SHO of Mujgahan thana for the concerned duration, Inspector Ashish Singh Rajput has been issued ofÏcial censure (ninda) Annexure A/5. A charge sheet had already been prepared against all the four accused persons in the crime no. 90/2023 u/s 420, 467, 468, 471, 34 IPC of the Mujgahan PS on 29.03.2025, and it was presented in the court of Ankita Yadu, the Honorable Judicial Magistrate First Class, Raipur District Court on 08.04.2025 Annexure A/6. 5. From perusal of the afÏdavit, it transpires that censure entry has been given in service book of erring ofÏcial who has kept the matter pending, and it also transpires that final report has already been submitted against the accused person in the present matter, to which learned counsel for the petitioner seeks permission of this Court to dispose of the present petition with a liberty to take recourse to law with respect to final report. 6. Learned State counsel has no objection 7. In view of above submission, the present petition is disposed of with liberty to the petitioner to take recourse to law with respect to the final report. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Jyoti Digitally signed by JYOTI JHA Date: 2025.04.22 10:54:36 +0530