1 2025:CGHC:18971-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1419 of 2025 Dr. Bharat Bhushan Bode S/o Saryukant Bode Aged About 67 Years R/o Plot No. 127, Indira Awas Sah Vyavasayik Parisar, Ward No. 09, Korba, Tahsil and District Korba, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through Its Secretary, Home Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2. Superintendent of Police Jashpur, District Jashpur, Chhattisgarh. 3. Station House OfÏcer Police Station Jashpur, District Jashpur, Chhattisgarh. 4. Chandra Kumar S/o Kashi Ram Kolta Aged About 37 Years R/o Mahamaya Medical, Kansabel, P.S. Kansabel, District Jashpur, Chhattisgarh. ...Respondent(s) For Petitioner : Mr. Rajkamal Singh, through video conferencing and Mr. Suryapratap Yuddhveer Singh, Advocates. For Respondents/State : Mr. Sangharsh Pandey, Government Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.04.29 10:44:17 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 28.04.2025 1. Heard Mr. Rajkamal Singh, learned counsel for the petitioner through video conferencing along with Mr. Suryapratap Yuddhveer Singh, learned counsel. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondents No. 1 to 3/State. 2. The present petition has been filed by the petitioner with the following prayers: “1. This Hon’ble Court may please be kind enough in quashing the First Information Report registered in Crime No. 35 of 2016 dated 17.02.2016 at Police Station Jashpur, District Jashpur (C.G.) with subsequent charge-sheet No. 76 of 2023 dated 14.09.2023 offence under Sections 420, 468, 471 & 34 of the IPC, as well as the entire criminal proceeding before the learned Chief Judicial Magistrate, Jashpur, Chhattisgarh in the Criminal Case No. 1558 of 2023 against the petitioner in the larger interest of justice. 2. This Hon’ble Court may further be pleased to be kind enough in quashing & setting aside the order dated 13.12.2023 passed by the trial Court, by which 3 cognizance of the offence’s under Sections 420, 468, 471 and 34 of the IPC, against the petitioner had been taken by the trial Court. 3. This Hon’ble Court may further be pleased to be kind enough in quashing & setting aside the order dated 18.02.2025 passed by the Court of learned Chief Judicial Magistrate, Jashpur, Chhattisgarh in the Criminal Case No. 1558 of 2023, by which trial Court had rejected the application for discharge preferred by the petitioner. 4. This Hon’ble Court may please be kind enough in granting any other relief in the facts and circumstances of the case in the interest of justice.” 3. Learned counsel for the petitioner submits that one, Tulsi Kumar Yadav was appointed on the post of Pharmacist Grade-2 by the selection committee ofÏcially ex post facto headed by the petitioner herein as he was the then Chief Medical & Health OfÏcer, District: Jashpur, Chhattisgarh. He also submits that a complaint was received with regard to the genuineness of the Domicile Certificate of the aforesaid Tulsi Kumar Yadav, therefore, an inquiry was brought into service to inquire the aforesaid allegations that was conducted by Tahsildar, Jashpur, Chhattisgarh which revealed that the Domicile Certificate dated 25.06.2012 issued in favour of Tulsi Kumar Yadav, S/o Ganpad of Village: Pathalgaon, Tahsil: Pathalgaon, District: Jashpur, Chhattisgarh is a genuine certificate whereas the Domicile Certificate dated 25.04.2012 4 issued in favour of Tulsi Kumar Yadav, S/o Ganpad of Village: Pathalgaon, Tahsil: Pathalgaon, District: Jashpur, Chhattisgarh is forged and the date in the domicile certificate has been wrongly changed by the said Tulsi Kumar Yadav. Based on the said enquiry report of Tahsildar, Jashpur, Chhattisgarh the services of the aforesaid Tulsi Kumar Yadav were terminated vide order dated 03.04.2013 passed by this petitioner in the capacity of the then Chief Medical & Health OfÏcer, Jashpur, Chhattisgarh. 4. It is further submitted by the learned counsel for the petitioner that the baseless & outlandish accusations made against the petitioner in the subject impugned FIR bearing Crime No. 35 of 2016 & the charge-sheet filed in the Criminal Case No. 1558 of 2023 pending before the learned Chief Judicial Magistrate, Jashpur, Chhattisgarh is that the petitioner, has issued appointment order in favour of the aforesaid Tulsi Kumar Yadav on the basis of a forged & fabricated Domicile Certificate. He would submit that the written complaint in the matter was made by the respondent No. 4 to the respondent No. 3 on 16.05.2014 mentioning that, the vacancy for the post of Pharmacist Grade-2 was advertised on 08.06.2012 wherein accused Tulsi Kumar Yadav has obtained the appointment on the post of Pharmacist Grade-2 by submitting forged documents as he is not a domicile of Chhattisgarh and further, complaining that the said appointment has been given by the employer without verification of the certificates and as such, the said Tulsi Kumar Yadav in connivance with the District Health OfÏcer, Jashpur has obtained the employment. On such bald allegations, the Police has registered the FIR against 05 persons excluding the present petitioner. He further submits that there is not even 5 an allegation in the subject FIR that the petitioner in any manner participated in the creation, preparation or alteration of the date on the subject Domicile Certificate of Tulsi Kumar Yadav, therefore, the said allegations & wrongdoing cannot be attributed to this petitioner. Thereafter, the Police has filed the final report/charge-sheet No. 76 of 2023 in the matter for offences punishable under Sections 420, 468, 471 and 34 of the IPC against the said Tulsi Kumar Yadav and the present petitioner because this Hon’ble Court has quashed the FIRs against the accused persons, namely, Afroj Malik Kunte, Prabhucharan Toppo, Shasi Tondon, Radheyshyam Kant & Tulsi Kumar Yadav vide orders passed in the WPCR No. 349 of 2016, WPCR No. 131 of 2019, CRMP No. 131 of 2019, CRMP No. 900 of 2022 (the respondent No. 4 herein also the complainant in CRMP No. 900 of 2022) and CRMP No. 116 of 2024. Copies of the said orders passed by this Hon’ble Court are being filed collectively as Annexure P/5. 5. Learned counsel for the petitioner further contended that after filing of the charge-sheet, the petitioner preferred an application under Section 227 of the Cr.P.C. before the Court of learned Chief Judicial Magistrate, Jashpur on various material grounds including the grounds based on the provisions of Section 197 of the Cr.P.C., but the learned trial Court totally ignoring the legal provisions rejected the said application by order dated 18.02.2025 (Annexure P/2) considering the provisions of Section 197 of the Cr.P.C. though wrongly, but the learned trial Court below has totally ignored the other material grounds raised in the said application. He also contended that there are now 02 accused persons in the case one is the aforesaid Tulsi Kumar Yadav who preferred CRMP No. 116 of 2024 6 which was allowed by this Court vide order 24.02.2025 and other is the present petitioner, the present petitioner has been wrongly & maliciously implicated in the matter, therefore, this petition for quashing and setting aside the impugned FIR bearing Crime No. 35 of 2016 dated 17.02.2016, Final Report/charge-sheet No. 76 of 2023 and the order impugned dated 18.02.2025 & all other related proceedings pertaining to the present petitioner. He would submit that this is the second round of litigation earlier CRMP No. 1130 of 2025 was dismissed as withdrawn with the aforesaid liberty with cost of Rs. 2,000/- due to defective prayer in the petition. Copy of receipt of the cost paid are being filed as Annexure P/6. Hence, this petition. 6. On the other hand, learned State counsel opposes the submission made by learned counsel for the petitioner and justify the filing of the charge-sheet and impugned order dated 18.02.2025 passed by the learned trial Court, but he could dispute the fact that the proceedings against the co-accused, namely, Tulsi Kumar Yadav was quashed by this Court in CRMP No. 116 of 2024, whereas the other accused persons who were named in the FIR, the proceedings against them were also quashed by this Court in WPCR No. 349 of 2016, WPCR No. 131 of 2019, CRMP No. 131 of 2019 and CRMP No. 900 of 2022 and the said orders have not been challenged by the State before any superior Court, and the same are attained finality. 7. We have heard learned counsel for the parties and perused the documents appended with the petition. 8. Taking into consideration the facts and circumstances of the case 7 that the FIR bearing Crime No. 35 of 2016 registered at Police Station, Jashpur for the offence punishable under Sections 420, 468, 471, 34 of the Indian Penal Code, has been quashed by this Court in CRMP No. 116 of 2024 vide order dated 24.01.2025 in respect of the co-accused Tulsi Kumar Yadav whereas the other accused persons who were named in the FIR, the proceedings against them were also quashed by this Court in WPCR No. 349 of 2016, WPCR No. 131 of 2019, CRMP No. 131 of 2019 and CRMP No. 900 of 2022 and the case of the petitioner is identical to that of the accused persons, and the said orders have not been challenged by the State before any superior Court, this petition is allowed and FIR bearing Crime No. 35 of 2016 dated 17.07.2016 registered at Police Station, Jashpur, with subsequent charge-sheet No. 76 of 2023 dated 14.09.2023 in respect of the petitioner, under Sections 420, 468, 471 and 34 of the IPC and the impugned order dated 18.02.2025 passed by the learned Chief Judicial Magistrate, Jashpur, District Jashpur (C.G.) in Criminal Case No. 1558 of 2023 2017 against the petitioner are hereby quashed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan