Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 19422 (CHH)

BHAGWAN RAM UIKE v. STATE OF CHHATTISGARH

WPCR/309/2020 · 2025-04-01

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:15561-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 309 of 2020 1 - Bhagwan Ram Uike S/o Shri Lachhi Ram Uike Aged About 53 Years Posted As Adm Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Superintendent Of Police Ambikapur District (Surguja) Amabikapur Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 3 - Station House Officer Ambikapur District Ambikapur (Surguja) Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 4 - Charan Das S/o Late Karan Das Aged About 42 Years R/o Village Khairbar, (Logapani), Ambikapur District Ambikapur (Surguja) Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Sumit Singh, Advocate. For Respondent/State : Mr. S. S. Baghel, Dy, Govt. Advocate. For Respondent No. 4 : Mr. Balraj Gupta, on behalf of Mr. Devarshi Thakur, Advocate. 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 01/04//2025 1. Heard Mr. Sumit Singh, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Dy. Govt. Advocate, appearing for the Respondent/State, Mr. Balraj Gupta, on behalf of Mr. Devarshi Thakur, learned counsel for the respondent No.4. 2. The present writ petition has been filed by the petitioner with the following prayers: "10.1 That, this Hon'ble Court may kindly be pleased to issue a writ/order/directions to set-aside or to quash the FIR No. 576/2019 registered at Police Station Ambikapur, District Ambikapur (Surguja) Chhattisgarh. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition." 3. Learned State counsel submits that in compliance of the Court's order dated 27.01.2025. The State has filed affidavit dated 01.02.2025 on the basis of which the closure report is being shortly filed. 4. In the affidavit filed by the State it has been mentioned in Para (iv) and (v) that: "(iv) It is respectfully submitted that, pursuant to the order passed by the Hon'ble Court, the Deponent has 3 perused relevant records and the memorandum statement of accused Bappaditya Majumdar S/o. Nantu Majumdar (Director of the Chit Fund Company) and statement of investors, wherein, it is revealed that, neither in the statements the petitioner's name is mentioned, nor there is any evidence adduced against the petitioner to demonstrate his involvement in the crime-in-question and further found that the petitioner was posted in the office of Sub Divisional Magistrate, Ambikapur from 31.08.2012 to 30.08.2013. Even upon recording statement of the complainant Charan Das Baghel S/o. Late Karan Das under section 161 of CrPC, nothing has been stated against the present petitioner. (v) That, upon revelation of the above fact that there is no evidence with regard to involvement of the petitioner, the Incharge, Police Station Ambikapur, District Surguja (CG) sought permission from the Superintendent of Police, Ambikapur, District Surguja (CG) for removing the name of the petitioner from the FIR vide letter dated 21.03.2025 and pursuant to which, the Superintendent of Police, Ambikapur, District Surguja (CG) has granted permission vide endorsement no. PuA/Sar/ Reader/M/185/2025 dated 21.03.2025. In this regard, copy of the letter dated 21.03.2025 alongwith the statements, is collectively 4 annexed & marked herewith as ANNEXURE A-1 for kind perusal of the Hon'ble Court. Subsequent to the said permission of the Superintendent of Police, Ambikapur, District Surguja (CG) the name of the present petitioner has been removed from the FIR. In this regard, copy of the relevant extract of case diary dated 22.03.2025 is annexed && marked herewith as ANNEXURE A-2 for kind perusal of this Hon'ble Court." 5. In view of the above and the submissions made by learned State counsel, the investigating officer is directed to submit the police report under Section under Section 173(2) of the CrPC (Now Section 193(3) of the BNSS) before the court concerned expeditiously, in accordance with law within a period of three weeks from today. 6. With the aforesaid direction, the present petition stands disposed off. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.04 11:34:40 +0530