Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22563-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 796 of 2022 1 - Ratnesh S/o Sunder Lal Kuldeep, Aged About 37 Years R/o Gandai, Police Station And Tahsil - Gandai, District - Rajnandgaon Chhattisgarh, District
:
Rajnandgaon,
Chhattisgarh 2 - Ravi Rajak S/o Late Sudhuram Rajak, Aged About 40 Years R/o Gandai, Police Station And Tahsil - Gandai, District - Rajnandgaon Chhattisgarh,
District
:
Rajnandgaon,
Chhattisgarh 3 - Nandkishore Sahu S/o Mohan Lal Sahu, Aged About 40 Years R/o Gandai, Police Station And Tahsil - Gandai, District - Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Mohgaon, District - Rajnandgaon Chhattisgarh, District : Rajnandgaon,
Chhattisgarh 2 - Kamlesh Sahu S/o Naresh Sahu, Aged About 33 Years R/o Village - Achanakpur, Police Station - Mohgaon, District - Rajnandgaon Chhattisgarh (Complainant), District : Rajnandgaon, Chhattisgarh ... Respondents For Petitioners : Mr. Goutam Khetrapal, Advocate. For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru,
Judge
Judgment
on Board
AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.10 10:29:12 +0530
2 Per
Ramesh Sinha, Chief Justice
09/06/2025
1. The petitioners have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR in Crime No.25/2022 registered at P.S. Mohgaon, District: Rajnandgaon, Chhattisgarh for the offence under Section 384, 34 of the IPC. 2. Facts of the case, in brief, is that the petitioner No. 1 is the Vice President, petitioner No. 2 is President and petitioner No. 3 is Treasury of Press Club Gandai, District-Rajnandgaon. The petitioners are press reporters and on 20.07.2021, they went to Village Mohgaon for collecting news during lockdown period, which was imposed owing to outbreak of COVID-19 pandemic and they saw that the digging work was going on with the help of JCB Machine in pond of Village Mohgaon. Thereafter, the petitioners went and asked regarding the digging work from the JCB Machine, but no satisfactory reply was given by driver, therefore, the information regarding said digging work was given by the petitioners to the concerned Tahsildar through phone, who told that he is outside from the office.
Therefore the office employees are being sent for the place of incident, then the Sarpanch of Villages Mohgaon and Achanakpur namely Narsingh Sahu and Jagannath Verma along with their 15-20 companions came there and abused with the petitioners with filthy and derogative languages and assaulted them with the help of hand, fist & club, due to which, Ravi
3 Rajak sustained grievous injuries and the petitioners No. 1 & 2 have also received injuries and during scuffle, the mobile, silver chain and motorcycle have also damaged. After the same incident, on 20/07/2021, the aforesaid incident was reported by the petitioner No.2 at P.S. Mohgaon, where the offence under Section 294, 323, 34, 427 & 50 of the IPC have been registered against the accused Narsingh Sahu and Jagannath Verma in Crime No.24/2021 and, the same incident also narrated before the S.D.O.(R), Gandai and published in the news paper. 3. Learned counsel for the petitioners submit that this is the Counter version of the incident which has taken place eight months prior to the lodging of the present FIR. It is further submitted that the FIR which was lodged from the side of the petitioners against the complainant party, the investigation has been concluded and the same is subjudice before the trial Court. He further submits that as far as the present case is concerned, it is stated that only to harass the counter FIR has been lodged by the respondent No.2 against the petitioners. Learned counsel would submit that the complainant has no locus to lodge an FIR against the petitioners as the dispute is between the petitioners and the Sarpanch. The respondent No.2 has lodged the impugned FIR at the behest of the Sarpanch that too on the basis of bald and vague allegations. 4. On the other hand, learned State counsel has pointed out that because of the interim order passed by this Court, the final report could not be submitted before the trial Court. 4
5. We have heard learned counsel for the parties and perused the material available on record. 6.
In view of the fact that the there are counter version of the incident and the FIR which was lodged on the side of the petitioners against the respondent No.2 and others have resulted into the final report. So far as the the present case is concerned, the matter is still under investigation. 7. In view of the same, we deem it proper that the investigation be allowed to continue and brought to its logical end. The police report under Section 173(2) of Cr.P.C.{193(2) of BNSS} be submitted in accordance with law within a period of six weeks from today before the competent Court. As the interim protection has already granted to the petitioners by this Court vide order dated 15/06/2022, the same be continued for a period of six weeks, subject to the condition that they shall cooperate in the investigation. 8. Accordingly, the present CRMP stands disposed of. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep/ Jyoti