1 2025:CGHC:25576-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 329 of 2025 Rajeshwar Tiwari S/o Late Ram Vishal Tiwari Aged About 74 Years R/o Village Pathharra, Tehsil And District Bemetara Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Home Affairs, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur District Raipur Chhattisgarh 2 - Director General of Police Police Headquarters, Civil Lines, Raipur, Tehsil and District Raipur Chhattisgarh 3 - Superintendent of Police Bemetara, District Police Headquarters, Tehsil and District Bemetara, Chhattisgarh (Earlier was a part of Durg District Chhattisgarh) 4 - Station House Officer Police Station City Kotwali, Tehsil and District Bemetara Chhattisgarh 5 - Central Bank of India, through its Bank Manager, Vivekanand Ashram Branch Tehsil and District Raipur Chhattisgarh ... Respondent(s) For Petitioner : Mr. Pranjal Agrawal, Advocate For Respondent Nos.1 to 4 / State : Mr. Shashank Thakur, Dy. A.G. For Respondent No.5/Bank : Mr. Anand Shukla, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 19 .0 6 .202 5 1. Heard Mr. Pranjal Agrawal, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 appearing for the State / respondent Nos.1 to 4 and Mr. Anand Shukla, learned counsel, appearing for respondent No.5/ Bank. 2. The present petition under Article 226 of the Constitution of India has been filed by the petitioner with the following prayers: “10.1. Issue an appropriate writ, order or direction in the nature of mandamus directing the Respondent authorities to expedite the investigation in FIR No. 12/2013 dated 11.01.2013 (ΑΝNEXURE P-3) registered at Police Station, City Kotwali, Bemetara, District Bemetara, Chhattisgarh which was initiated based on the complaint filed by the Petitioner. 10.2. Issue an appropriate writ, order or direction directing that the investigation in FIR No. 12/2013 dated 11.01.2013 (ANNEXURE P-3) registered at Police Station, City Kotwali, Bemetara, District Bemetara, Chhattisgarh be transferred to an independent and impartial investigating agency such as the Central Bureau of Investigation (CBI) / Crime Investigation Department (CID) / Special Investigation Team (SIT), to ensure a fair, proper, and time-bound investigation, in view of the sensitive nature of the case and the apparent inaction/lack of progress by the local police authorities; 10.3. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, in the interest of justice. 10.4. Award cost of proceedings in favour of the Petitioner.” 3 3. It has been argued by learned counsel for the petitioner that the petitioner has lodged an FIR bearing Crime No. 12/2013 on 11.01.2023 before Police Station, City Kotwali, Bemetara and the investigation appears to have been concluded and closure report was filed on 05.12.2015, against which the petitioner made some representation to the authority concerned and the Superintendent of Police, Bemetara vide memo dated 13.05.2025 asked to reopen the matter and be investigated and the said order was communicated to the petitioner on 19.05.2025 by the Station House Officer of Police Station, City Kotwali, Bemetara, a copy of the same has been annexed as Annexure-P/10. 4. The learned State counsel as well as learned counsel appearing for the respondent / Bank have submitted that the petitioner had applied for a loan of Rs.20,00,000/- from respondent No.5 / Bank for farming purpose and he became a defaulter and against him recovery proceedings have been initiated. 5. The said fact has also been admitted by the petitioner and he stated that the same has also been mentioned in the present petition. He further submitted that as the petitioner has lodged an FIR against the the Bank official and others, hence the FIR lodged by him has to be brought to its logical end. 6. Considering the aforesaid and facts and circumstances of the case, the Superintendent of Police, Bemetara is directed to ensure that the investigation of the present case should be 4 concluded within a period of six weeks from today in accordance with law and police report be submitted. 7. With the aforesaid direction, the instant petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra