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2025 DAILYLAW 22330 (CHH)

SANTOSH RAI v. STATE OF CHHATTISGARH

WPCR/312/2025 · 2025-07-06

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:30890-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 312 of 2025 1 - Santosh Rai S/o Late Shri Mahendra Rai Aged About 36 Years R/o Dr-2, 1/6, N.E. Colony, Bilaspur, District Bilaspur (C.G.) 2 - Smt. Sudha Rai W/o Shri Santosh Rai Aged About 32 Years R/o Dr-2, 1/6, N.E. Colony, Bilaspur, District Bilaspur (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Home (Police), Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur (C.G.) 2 - Director General Of Police Police Headquarters, Block No. 4, Sector 19, Near Indrawati Nagar, Atal Nagar, District Raipur (C.G.) 3 - Inspector General Of Police Bilaspur Range, Bilaspur, District Bilaspur (C.G.) 4 - Superintendent Of Police Bilaspur, District Bilaspur (C.G.) 5 - Station House Officer P.S.- Tarbahar, Dist- Bilaspur (C.G.) 6 - R. Surya Pratap Rao S/o Late Shri R.V.N. Murthy Aged About 52 Years Occupation- Service, R/o Flat No. 624, Golden Park Apartment, Shankar Nagar, Raipur, District Raipur (C.G.) Presently Working As Branch In-Charge, Cent Bank, Devas Road, Ujjain (M.P.) 7 - Shri Shashi Bhusan Karna S/o Shri R.L. Das Aged About 55 Years R/o Village Haripatti, Rajnagar, District Madhubani, Bihar, At Present R/o K-1, Fortune Enclave, Kolar Road, P.S. Kolar, District Bhopal (M.P.) 8 - Smt. Aparna Biswas W/o Shrikant Das Aged About 28 Years Posted As Second Officer, Cent Bank, Bilaspur, R/o Plot No. 1711, Ward No. 7, Sai Vihar Colony, Yadunandan Nagar, Bilaspur, District Bilaspur (C.G.) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.07.08 10:28:42 +0530 2 9 - Nitin Nigam S/o Late Kailash Prasad Nigam Aged About 40 Years Presently Working At Cent Bank Home Finance Limited, Mittal Complex, Vyapar Vihar, Dist- Bilaspur (C.G.) 10 - Shri Rajesh Seth S/o Late Kailash Seth Aged About 44 Years Occupation- Business (In Jail), R/o Main Road, Tarbahar, Bilaspur, District Bilaspur (C.G.) 11 - Smt. Rajni Seth W/o Shri Rajesh Seth Aged About 35 Years Occupation Business, (Absconded), R/o Main Road, Tarbahar, Bilaspur, District Bilaspur (C.G.) 12 - Smt. Jolly B. Phillip W/o Shri B. Phillip Aged About 48 Years R/o House No. 73, G.H.S. Kolar Road, P.S. Kolar, Bhopal (M.P.) 13 - Harsh Dixit R/o Dixant, Muktidham Chowk, New Sarkanda, Dist. Bilaspur (C.G.) Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Palash Jha, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. AG Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 07/07/2025 1. This Writ Petition has been filed seeking directions towards the respondent’s authorities to conclude the trial of Criminal Case No. 779/2021 within specific time limit, where thecase is arising out of Crime No. 151/2020, FIR dated 28/06/2020, with subsequent charge- sheet dated 16/10/2023 registered with Tarbahar Thaana, District Bilaspur (C.G.) for the offence punishable under Sections 420, 467/ 468, 471 & 34 of the IPC. 3 2. Facts of the case are that the petitioners have been the victims of the organized fraud carried out by the Bank employees in connivance with the Builders & fake loans were disbursed. There were no Sanctions/permissions from the concerned authorities, Prakosht & necessary documents were forged and multiple loans were disbursed by the Bank even after the Search report given in negative by their Lawyer, that too over a property which was already secured/mortgaged with other banks. Complaints were made by several victims regarding fake loans disbursed by the Bank employees which was in connivance with the beneficiaries with the builders, & subsequently FIRs were registered. 3. At the very outset, learned counsel appearing for the petitioners would submit that the charges have been framed on 27/06/2025, however, the accused were not present on the said day. The next date for hearing has been fixed for evidence on 18/07/2025, therefore, some time limit may be fixed for conclusion of the trial. 4. Learned counsel for the State opposes the submission made by the counsel for the petitioner and submits that the matter is at the stage of recording the evidence and there are many witnesses as well as the accused persons, therefore, it is very difficult to frame the time for disposal of the trial. 5. We have heard learned counsel for the parties and perused the pleadings. 6. Having considered the fact that the charges have been framed and the matter has been fixed for recording the evidence; and there are many witnesses whose statement are yet to be recorded, therefore, at this 4 juncture, this CRMP is disposed of with a direction to the Trial Court to expedite the trial. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri