1 2025:CGHC:16835-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1278 of 2025 Devendra Kumar Sahu S/o Late Shivnandan Sahu Aged About 42 Years R/o Village- Sonloharsi, Police Station- Masturi, District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Pamgarh, District- Janjgir-Champa (C.G.) 2 - Abhijit Rajbhanu Nayab Tahsildar, Pamgarh, Police Station And Tahsil Pamgarh, District- Janjgir-Champa (C.G.) 3 - Rajkumar Kurre S/o Panna Lal Kurre Aged About 44 Years R/o Village- Kodabhat, Police Station- Pamgarh, District- Janjgir-Champa (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Paras Mani Shriwas, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Arvind Kumar Verma , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 11.04.2025 1. Proceedings of this matter have been taken through video conferencing. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.04.15 10:59:32 +0530 2 2. Heard Mr. Paras Mani Shriwas, learned counsel for the petitioner. Also heard Mr. Malay Jain, learned Panel Lawyer for the respondent No.1 / State. 3. The petitioner has filed this petition with following prayer: “(i) It is, therefore prayed that this Hon'ble Court may kindly be pleased to allow this petition and pleased to quash the First Information Report No. 0244/2022 vide First Information Report dated 31/05/2022 for the offence under section 384 of IPC registered against the petitioner at Police Station-Pamgarh, District-Jnajgir-Champa (C.G.), in the interest of justice. (ii) It is, therefore prayed that this Hon'ble Court may kindly be pleased to allow this petition and pleased to quash the Charge Sheet No. 207/2022 vide Charge Sheet dated 17/06/2022 for the offence under section 384 of IPC filed against the petitioner by Police Station-Pamgarh, District- Janjgir-Champa (C.G.), in the interest of justice. (iii) It is, therefore prayed that this Hon'ble Court may kindly be pleased to allow this petition and pleased to quash the Charge Sheet No. 207A/2024 vide Charge Sheet dated 21/09/2024 for the offence under section 384 of IPC and under section 7 of Prevention of Corruption Act 1988 filed against the petitioner by Police Station- Pamgarh, District-Janjgir-Champa (C.G.), in the interest of justice. (iv) It is, therefore prayed that this Hon'ble Court may kindly be pleased to allow this petition and pleased to quash the Cognizance dated 26/11/2024 by which the learned Special Judge (Prevention of Corruption Act) Janjgir, District- Janjgir-Champa (C.G.) has taken the cognizance in Charge Sheet No. 207 A/2024 for the offence under section 384 of IPC & under section 7 of Prevention of Corruption Act 1988 against the petitioner and further Criminal Proceedings in 3 Special Criminal Case No. 01/2024 in State Of Chhattisgarh Versus Devendra Kumar Sahu, in the interest of justice. (v) Any other relief/order may also be granted that may be deemed fit and just in the facts and circumstances of the case” 4. Prosecution story in a nutshell is that on 31.05.2022, F.I.R No. 0244/2022 has been registered by Police Station-Pamgarh, District-Janjgir-Champa (C.G.) against the petitioner under section 384 of Indian Penal Code on written complaint made by respondent No. 2/Abhijit Rajbhanu, Nayab Tahsildar, Pamgarh, District-Janjgir-Champa (C.G.) on the basis of complaint made by respondent No. 03/Rajkumar Kurre before him against the petitioner, whereas stating that he is residing at Village-Kodabhat along with his Parents, Brother & Sisters and working as Agriculturist, on 03.04.2022, he came to meet the petitioner to obtain the document's for selling out the land due to requirement of their domestic expenses, then petitioner illegally demanded Rs. 4000/- and also stated that without payment of the same he cannot sellout the land. 5. After lodging the F.I.R. by the respondent No. 02, police officers of Police Station-Pamgarh have conducted inquiry, recoded the statement of prosecution witnesses under section 161 of Cr.P.C. meanwhile arrested the petitioner also and after complete investigation by police officers of concern police station, charge- sheet No. 207/2022 has been filed before the learned Judicial 4 Magistrate First Class Pamgarh, District-Janjgir-Champa (C.G.) on 17.06.2022 and later on again charge-sheet No. 207 A/ 2024 vide charge-sheet dated 21.09.2024 for the offence under section 384 of IPC & under section 7 of Prevention of Corruption Act 1988 has filed before the special Judge (Prevention of Corruption) Janjgir, District-Janjgir-Champa (C.G.), by which the learned Special Judge (Prevention of Corruption Act) Janjgir, District- Janjgir-Champa (C.G.) has taken the cognizance in charge-sheet No. 207 A/2024 for the offence under section 384 of IPC & under section 7 of Prevention of Corruption Act 1988 against the petitioner meanwhile registered as Special Criminal Case No. 01/2024. Hence petitioner preferred this petition. 6. Learned counsel for the petitioner submits that it is apparent from the face of record that the alleged offences are not made out against the present petitioner as after making complaint by respondent No. 3 before the respondent No. 02, concern respondent did not enquire the factual aspect and directly lodged First Information Report against the petitioner at police station pamgarh under section 384 of Indian Penal Code, which is clearly against the principal of natural justice. Also, the petitioner is Patwari (govt. servant) and offence had happened during the course of duty period then prior to prosecute any govt. servant permission of appointing authorities is required but the prosecution authorities did not complied the mandatory provision under section 197 of Cr.P.C. Also, the authentication of video clips 5 is also doubtful because no any expert opinion has been taken for the seized video clips. Hence, no any offence is made out against the petitioner under section 384 of Indian Penal Code as well as under section 7 of prevention of corruption act 1988 and therefore registration of FIR No. 0244/2022 for the offence under section 384 of IPC filed against the petitioner and charge-sheet No. 207 A/2024 for the offence under section 384 of IPC & under section 7 of Prevention of Corruption Act 1988 filed against the petitioner, order of cognizance by which the learned Special Judge (Prevention of Corruption Act) Janjgir, District-Janjgir-Champa (C.G.) has taken the cognizance in charge-sheet No. 207 A/2024 for the offence under section 384 of IPC & under section 7 of Prevention of Corruption Act 1988 against the petitioner and further Criminal Proceedings in Special Criminal Case No. 01/2024 in State Of Chhattisgarh Versus Devendra Kumar Sahu are liable to be quash/set-aside. 7. Learned Panel Lawyer appearing for the State opposes the submissions and prayer made by the petitioner and submits that in the present matter, charge-sheet has already been filed and the concerned authority has already taken cognizance and it has to be investigated and taken to its logical end. Thus, at this stage, no interference is warranted. He further argued that a bare perusal of charge-sheet shows goes to show that on 03.04.2022, Patwari Devendra Kumar Sahu has illegally taken Rs. 4000/- from the complainant by intimidation in the name of sale deed. On the 6 application of the complainant, prima facie the case appears to be of deception in lieu of work hence, the petitioner needs to be prosecuted and the matter needs to be brought to its logical end. 8. We have heard learned counsel for the parties and perused the documents appended with petition. 9. Considering the submissions advanced by learned counsel for the parties that the charge-sheet has already been filed and learned Special Judge (Prevention of Corruption Act) Janjgir, District- Janjgir-Champa (C.G.) has already taken cognizance for the offence under Section 384 of the IPC and under Section 7 of the Prevention of Corruption Act, 1988 against the petitioner and further, perusal of the charge-sheet goes to show that on 03.04.2022, Patwari/petitioner herein- Devendra Kumar Sahu has illegally taken Rs. 4000/- from the complainant by intimidation in the name of sale deed, hence, prima facie the case appears to be of deception in lieu of work, as such, we do not find any good ground for quashing of the charge-sheet as well as the order taking cognizance. 10. In that view of the same, we do not find any merit in this petition. The petition lacks merit is liable to be and is hereby dismissed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Manpreet