1 2025:CGHC:37215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1081 of 2023 Ravi Tiwari S/o Shri Gautam Tiwari Aged About 43 Years R/o B-1, Puja Niwas, Beltikri Basawat, Deepka Korba, District : Korba, Chhattisgarh ... Petitioner(s) versus State of Chhattisgarh Through The Station House Officer, Police Station Kotra Road Raigarh ........Complainant, District : Korba, Chhattisgarh ...Respondent(s) For Petitioner : Mr. B.S. Rajput, Advocate. For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 30.07.2025 1. Heard Mr. B.S. Rajput, learned counsel for the petitioner. Also heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for the State. 2. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow this BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.30 18:41:05 +0530 2 application and to quash the First Information Report bearing No. 222 of 2023 dated 22.04.2023 registered at Police Station Kotra Road Raigarh, District Raigarh (C.G.) for the offence under Sections 420, 468, 471 and 34 of the Indian Penal Code, in so far as the present petitioner Ravi Tiwari is concerned, in the interest of justice.” 3. Brief facts of the case are that on 22.04.2023, the complainant, namely Rajendra Prasad Rathore (ASI), received information from a mukhbir during patrolling that at Gorkha Chowk, a Tata Trailer, Model No. 4018, bearing registration No. CG 13 AB 8710, was found with the rear tailboard and the registration number CG 13 AB 9847 (written on the left side of the attached trolley) blackened/sooted, and the number plate was not installed at the rear of the trolley. It is alleged that the driver, Akash @ Akash Chandrawanshi, blackened/sooted the registration number CG 13 AB 9847 and failed to install the number plate, thereby intending to use it as original for the purpose of cheating and committing forgery, in connivance with Ravi Tiwari (the present petitioner), Supervisor at 'Shah Coal ACPL'. Consequently, FIR bearing Crime No. 222/2023 dated 22.04.2023 was registered at Police Station Kotra Road, Raigarh, District Raigarh (C.G.) for offences punishable under Sections 420, 468, 471, and 34 of the Indian Penal Code (IPC) against Akash @ Akash Chandrawanshi (driver) and Ravi Tiwari (petitioner). 4. Learned counsel for the petitioner submits that both the aforementioned Tata Trailer vehicles, bearing registration numbers CG 13 AB 8710 and CG 13 AB 9847, are owned by 'Shah Coal Private Limited', where the petitioner serves as a Supervisor. Therefore, the petitioner had 3 no personal role in the alleged acts. It is further submitted that the damaged trolley of vehicle No. CG 13 AB 8710 was replaced with the trolley from vehicle No. CG 13 AB 9847, which had been previously burnt, and that this replacement had already been reported to Police Station Kusmunda, District Korba (C.G.) by Shah Coal Private Limited. 5. Learned counsel further submits that Shah Coal Private Limited had addressed a letter dated 18.04.2023 to the District Transport Officer (DTO), Korba (C.G.), informing the authority about the usage of the trolley from vehicle No. CG 13 AB 9847 with Trip Trailer No. CG 13 AB 8710 due to the damage sustained by the original trolley. This letter was received by the DTO’s office on 19.04.2023. It is further argued that there is no specific allegation against the petitioner, Ravi Tiwari, of any dishonest inducement to deceive or to cause delivery of property or monetary gain. In the absence of such an allegation, no offence under Section 420 IPC can be said to be made out against the petitioner. 6. Learned counsel for the petitioner contends that in view of the aforesaid facts and circumstances, no prima facie case is made out against the petitioner as alleged in FIR No. 222/2023 dated 22.04.2023. The primary allegations are directed against the co-accused. Therefore, the continuation of criminal proceedings against the petitioner would amount to abuse of the process of law. Hence, this petition. 7. On the other hand, learned State counsel submits that in the present case, the charge-sheet has already been filed before the competent Court, and charges have been framed against the petitioner. The trial is presently at the stage of recording evidence. 4 8. We have perused the pleadings, prayers, and annexures filed along with the petition. 9. Considering the aforesaid facts and circumstances, particularly that the charge-sheet has been filed, charges have been framed, and the trial is at the stage of evidence, we are not inclined to interfere at this stage. 10. Accordingly, the present petition is dismissed on this ground alone. However, we hope and trust that the learned trial Court shall make an earnest endeavour to conclude the trial expeditiously, in accordance with law, if there is no legal impediment. Sd/- Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan