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2025 DAILYLAW 21933 (CHH)

NARESH KUMAR JAISWAL v. STATE OF CHHATTISGARH

CRMP/1000/2020 · 2025-06-22

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:26588-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1000 of 2020 Naresh Kumar Jaiswal S/o Shri Dujram Jaiswal Aged About 40 Years R/o Village And Post Dongariya, Police Station And Tahsil Lormi, District Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home (Police) Department, Mahandi Bhawan Mantralaya, New Raipur, Police Station Kewli, Tahsil And District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Superindendent Of Police Mungeli District Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh 3 - Station House Officer Police Station Lormi, District Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh 4 - Station House Officer Police Chowki Khudiya, District Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh 5 - Supervisor Zila Shakari Kendriya Bank Maryadit Bilaspur, Branch Lormi, District Mungli, Chhattisgarh., District : Mungeli, Chhattisgarh ... Respondents For Petitioner : Mr. Ratnesh Kumar Agrawal, Advocate. For Respondent/State : Mr. Sakib Ahmad, Panel Lawyer. For Respondent No.5 : Ms. Seema Verma, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.24 10:47:33 +0530 2 Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 23/06/2025 1. By the present petition, the petitioner has prayed for following reliefs;- “It is therefore prayed that this Hon'ble Court may kindly be pleased to allow this petition and further be pleased to quash the First Information Report no. 0/2020, dated 19/07/2020 registered by non- applicant no. 4 and First Information Report no. 414/2020 registered by non -applicant no. 3 (Annexure-A/1(Colly), and further be pleased to quash the criminal case no. 372/2020 registered at learned Judicial Magistrate First Class Lormi, District Mungeli (C.G.), "is in the interest of justice”. 2. Learned counsel for the petitioner/applicant submits that the non- applicant Nos.3 & 4 registered an offence under Section 409, 34 of the IPC against the applicant on the basis of complaint made by non-applicant No.5 that misappropriation of money has been done by the petitioner in the center. He submits that the dispute is civil in nature and as per the Clause 5.6 of the agreement, dispute may resolve under the Chhattisgarh Co-operative Societies, Act, 1960. Hence, the FIR registered against the petitioner is liable to be quashed. 3 3. On the other hand, learned State counsel oppose the submission made by learned counsel for the petitioner and submits that the charges have been framed against the petitioner and the trial is fixed for evidence. 4. We have heard learned counsel for the parties and perused the material available on record. 5. From bare perusal of the final report submitted against the petitioner, it is manifest that some misappropriation of money has been done on the part of the petitioner, we find that it cannot be said that it does not disclose any cognizable offence and even the charges have been framed and trial is fixed for evidence, hence, we are not inclined to entertain the petition at this stage. However, the trial Court is requested to conclude the trial expeditiously. 6. Accordingly, the present CRMP is dismissed. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep/ Sourabh