1 2025:CGHC:25339-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 305 of 2025 1 - Tapsi Choubey W/o Nishant Chaubey Aged About 45 Years Permanent Resident Of H.I.G. 28 J Sector Ayodhya Nagar Bhopal Thana, Ayodhya Nagar District- Bhopal M.P. Currently Residing P-503/2 Mes Colony Sarvatra Vihar Khadki Pune M.H. Petitioner(s) versus 1 - State Of Chhattisgarh Through S.H.O., P.S.- Raipur Kotwali, District- Raipur, Chhattisgarh. 2 - Kunal Shukla S/o Shri Late Ashok Shukla Aged About 50 Years R/o C-20, Shailendra Nagar, Raipur District- Raipur, Chhattisgarh. Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mrs. Surya Kawalkar Dangi, Advocate For State : Mr. Shangarsh Pandey, GA Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 18/06/2025 1. By the present Writ Petition, the petitioner has prayed for following reliefs:- “I. That, the Hon’ble Court may kindly be pleased to issue an appropriate writ to set-aside the impugned RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.06.19 10:13:22 +0530 2 FIR bearing Crime No. 42/2024 dated 13/02/2024 registered by Police Station Raipur, Kotwali under Sections 406 of the Indian Penal Code against the petitioner being apparently bad in law, and as such liable to be set-aside by this Hon’ble Court. II. Any other relief, which this Hon’ble Court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.” 2. In compliance of this Court’s order dated 12/06/2025, the Director General of Police, State of Chhattisgarh has filed an affidavit. Relevant paragraph of the said affidavit is reproduced hereunder:- “3. That, in compliance of the order passed by the Hon'ble Court dated 12.06.2025, the deponent respectfully, having the highest regard and great respect for the lawful authority of this Hon'ble Court and its orders and directions issued from time to time, submits that after receipt of the order, he has immediately acted upon it to comply with the order of the Hon'ble Court and in continuation of the same. Written a letter to the Senior Superintendent of Police, Raipur vide a letter dated 13.06.2025 to submit a detailed report after investigating the allegation, assigning the responsibility of concerned guilty officers, and taking appropriate disciplinary action against them. A copy of the letter dated 13.06.2025 is attached herewith as Annexure A/1. 4. That, the deponent respectfully submitted that as per the report submitted by the Inspector General of Police Raipur Range, the action taken against the responsible Officer of Police station Kotwali, Raipur and imposing fines upon them vide its report dated 3 16.06.2025. It is further informed that on the report submitted by the SSP, Raipur vide dated 16.06.2025, detailing the action report. A copy of the letter is attached herewith as Annexure A/2 and A/3 respectively. 5. That, in compliance with the Hon'ble Court's order dated 12.06.2025, the deponent, most respectfully submit that based on the complaint lodged by Shri Kunal Shukla, a criminal case bearing Crime No. 42/2024 under Section 406 of the Indian Penal Code was registered at Police Station City Kotwali, Raipur on 13.02.2024 against the petitioner, Smt. Tapsi Choubey, and the matter was taken up for investigation. Repeated efforts were made to contact the petitioner via telephone, postal correspondence, and her WhatsApp number to ensure her presence before the Investigating Officer and to record her version. However, the petitioner neither responded nor appeared. 6. That, the petitioner was granted anticipatory bail by the Hon'ble Fourth Additional Sessions Judge, Raipur on 02.03.2024. A notice dated 07.04.2024 was served via WhatsApp directing her to appear on 10.04.2024, but she did not comply. Further notice was issued by the investigating officer to the accused to appear at the police station on 30.04.2024 and 09.05.2024 respectively. The petitioner eventually appeared at the police station on 22.05.2024, and upon submitting the anticipatory bail order, she was formally arrested at 14:00 hours on the same day and released on bail as per legal procedure. 7. That, in furtherance of the investigation post- 4 arrest, notices were served to the petitioner and her son Shri Rajyavardhan Choubey on 18.07.2024, 31.07.2024, 24.09.2024, and 29.04.2025, requesting their cooperation and appearance. However, they neither appeared nor extended any cooperation in the investigation. Accordingly, the prosecution filed an application under Section 439(2) CrPC for cancellation of anticipatory bail on 08.11.2024, but the Hon'ble Court, not accepted the said application. Copy of the notices sent to the petitioner is being filed and annexed herewith as Annexure A/4. 8. hat, based on the notice dated 15.03.2025 issued to the State Bank of India, Byron Bazar Branch, Raipur, the bank statement of the complainant's mother's account was obtained. Upon examination, it was found that transactions had indeed been made from the said account to the bank accounts of the petitioner and her son, as alleged by the complainant. Accordingly, a final report was prepared vide Chargesheet No. 44/25 dated 26.04.2025. Subsequently. notices under Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were issued on 20.05.2025 and again on 10.06.2025, directing the petitioner to appear before Hon'ble Shri Bhupesh Kumar Basant, Judicial Magistrate First Class, Raipur, on 30.05.2025 and 19.06.2025, respectively. The deponent most humbly submits that, aforesaid notices were not issued to the petitioner to appear before the concerned IO for investigation purposes rather it was issued for the presence of the petitioner at the time of filing of the chargesheet before the JMFC Raipur. Copy of the notices dated 20.05.2025 & 10.06.2025 is being filed & annexed 5 herewith as Annexure A/5 for the kind reference of this Hon'ble Court. 9. That, it is respectfully submitted that the delay in the preparation of the final report occurred due to a delay in obtaining the bank statement of the complainant's mother, which was a crucial piece of evidence, by the Investigating Officer, Sub-Inspector Smt. Divya Sharma. For this lapse, a departmental penalty of 500 was imposed upon her. A copy of the ₹ order dated 16.06.2025 is filed herewith as Annexure A/6. 10. That, the deponent herein is conscious of the gravity of the order passed by this Hon'ble Court and he respectfully submits that the deponent herein has immense respect for orders passed by this Hon'ble Court and he is bound to comply with the orders passed by this Hon'ble Court in its letter and spirit. 11. That, the contents of this affidavit have been drafted according to my instructions and the contents thereof are true and correct to the best of my knowledge and belief, based on the official records.” 3. Perusal of the aforesaid affidavit would show that the petitioner is not cooperating with the Investigating Officer. The petitioner was asked for certain document of bank, however, the requisite document has been obtained from the concerned bank for conclusion of the investigation. 4. Learned counsel for the petitioner would submit that the petitioner has been released on anticipatory bail and she also appeared before the Investigating Officer on 30/05/2025. It is submitted that as the final report is likely to be submitted, the petitioner may be permitted to 6 withdraw the present petition with liberty to file fresh petition, if so advised, to challenge the final report. 5. Accordingly, the present petition (WPCR) is dismissed as withdrawn with the aforesaid liberty. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri