1 2025:CGHC:12991-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 927 of 2022 1 - Anil Shivdasani S/o Ashwini Kumar Shivdasani Aged About 56 Years R/o Akashdeep, Dayalband, Tehsil And, District : Bilaspur, Chhattisgarh 2 - Harish Shivdasani S/o Ashwini Kumar Shivdasani Aged About 46 Years R/o Akashdeep, Dayalband, Tehsil And, District : Bilaspur, Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Chakradhar Nagar, Raigarh, District : Raigarh, Chhattisgarh 2 - Harendra Prasad Singh S/o Ram Prayojan Singh Aged About 40 Years Director Of Maa Mani Industries Project Limited, At Present R/o Natwarpur, P.S. Chakradhar Nagar, District : Raigarh, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shobhit Koshta, Advocate For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer For Respondent No.2 : Mr. Hari Agrawal, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 19 .03.2025 1. Heard Mr. Shobhit Koshta, learned counsel for the petitioner as well as Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.03.19 17:42:40 +0530 2 the State/respondent No.1 and Mr. Hari Agrawal, learned counsel appearing for respondent No.2. 2. The present petition has been filed by the petitioner with the following prayers:- “It is therefore humbly prayed that the Hon'ble Court may kindly be pleased to quash the FIR dated 30/9/18 (Annexure P- 1) for offence u/s 420 r/w 34 of IPC which is a gross abuse of process of law, illegal and against the provision of law and thus, liable to be quashed in the interest of justice. That, the petitioner is also praying for quashing of entire charge sheet and entire proceeding in relation to Criminal Case- 191/2019 pending before the Chief Judicial Magistrate, Raigarh, District- Raigarh, C.G. against the petitioner. Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioner in the interest of justice.” 3. Learned counsel for the petitioner submits that out of the purchase made during the commercial transaction, an amount of Rs.25 Lacs was due, for which the FIR bearing Crime No.0359/2018 has been lodged on 30.09.2018 at Police Station Chakradharnagar, District Raigarh (C.G.) for the offence 3 punishable under Sections 420 and 34 of the Indian Penal Code, 1860. He further submits that the petitioners who are the Directors of the Company is under liquidation and proceedings have been initiatted under the Insolvency and Bankruptcy Code, 2016. 4. At this stage, learned counsel for the parties jointly submits that there were two cases registered against the present petitioner in different crime numbers and one of which has been challenged by the petitioner by filing CRMP No.1044 of 2021, which was dismissed by the learned Single Bench vide order dated 05.07.2023 observing as follows :- “5. Considering the fact that the FIR was lodged on 9.10.2018 where there is allegation against the petitioners that they collected huge amount from the complainant from 9.3.2018 to 7.4.2018, and it was lodged prior to 29.10.2018 and the plea which has been taken by learned counsel for the petitioners regarding pendency of proceeding under the Insolvency and Bankruptcy Code, 2016 cannot be a ground to quash the FIR as same was registered prior to 29.10.2018 and the ingredients of Section 420 of IPC are available in the FIR. Further applying the principle of law initiated by the Hon’ble 4 Supreme Court in the matter of M/s. Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharastra and others, AIR 2021 SC 1918, this petition fails and the same is dismissed.” 5. Learned counsel for the petitioner does not dispute the said fact and fairly submits that CRMP No.1044 of 2021 has been dismissed by the learned Single Judge vide order dated 05.07.2023. 6. In that view of the matter, we do not find any good ground to interfere with the matter for quashing of the FIR in the instant case and accordingly, instant CRMP is also dismissed. 7. Interim order, if any, stands vacated. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu