1 2025:CGHC:49538-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 953 of 2021 1 - Shyam Lal Yadav S/o Late Shri Jageshwar Yadav Aged About 53 Years R/o Village- Dadar Khurd, Thana- Kotwali Korba, District- Korba Chhattisgarh. (died and deleted) 2 - Anshu Pandey S/o Shri Bala Prasad Pandey Aged About 32 Years R/o M. P. Nagar Korba, Thana- Kotwali Korba, District- Korba Chhattisgarh. ... Petitioners versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station House Officer, Police Station- Kotwali Korba, District Korba Chhattisgarh. 2 - Smt. Dhankunwar Yadav W/o Late Shri Gorelal Yadav Aged About 70 Years R/o Village- Purani Basti Korba, Thana And Tehsil- Korba, District Korba Chhattisgarh. ... Respondents For Appellant : Mr. Samir Singh, Advocate For Respondent No.1/State : Mr. S.S. Baghel, Dy. Govt. Advocate For Respondent No.2 : None appeared though served Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, C.J. 06.10.2025 1. PUD dated 08.09.2025 has been received from the Principal District and Sessions Judge, Korba, District – Korba (C.G.), along ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 with which, a letter dated 04.09.2025 of the Chief Judicial Magistrate, Korba has been annexed whereby it has been informed that accused / petitioner No.1, namely, Shyam Lal Yadav has been died. A copy of death certificate has also been annexed with the said letter, from perusal of which, it transpires that accused / petitioner No.1, namely, Shyam Lal Yadav has died on 27.03.2024. 2. Accordingly, the instant petition, so far as it relates to petitioner No.1, namely, Shyam Lal Yadav is concerned, the same is dismissed as abated and his name be deleted from the array of parties. 3. Now, the present petition confines only to petitioner No.2, namely, Anshu Pandey. 4. Heard Mr. Samir Singh, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/ respondent No.1. None appears for respondent No.2 though served nor any reply has been filed on her behalf. 5. The present petition has been filed by the petitioner No.2, namely, Anshu Pandey under Section 482 of CrPC for quashment of charge-sheet of Crime No. 44/2021 registered at Police Outpost Manikpur for the offences punishable under Section 420, 409/34 of IPC and further criminal proceedings on Criminal Case No. 3 1216 of 2021 pending before the Court of Judicial Magistrate First Class, Korba. 6. The learned counsel for the petitioner submits that the General Power of Attorney has been executed by the complainant / respondent No.2 in favor of petitioner No.1 Shyam Lal Yadav on 16.01.2013 which is an registered document and the said document has been cancelled by the complainant on 24.07.2018, but no information regarding the cancellation of Power of Attorney has been provided to the petitioner orally or in writing at any point of time and there is no role of the petitioner No.2 in the complete charge-sheet except the role that he has provided the customer to purchase the property in question. Hence, the entire charge- sheet as well as criminal proceedings pending before the Court of Judicial Magistrate First Class, Korba be quashed and set aside. 7. On the other hand, learned State counsel opposed the aforesaid submission and submitted that perusal of the contents of the FIR clearly shows that subsequent to revocation of Power of Attorney, the sale deed dated 28.10.2020 has been executed by the petitioner No.1 with the help of petitioner No.2. 8. From perusal of the record, it transpires that while issuing notice to respondent No.2 / complainant, the proceeding under Criminal Case No. 1216 of 2021 pending before JMFC, Korba has been stayed vide order dated 22.02.2022 and on 24.03.2022, though time was sought by Mr. Dheerendra Pandey, learned counsel, 4 appearing for respondent No.2 / complainant to file reply, but till date, no reply has been filed by him. Moreover, today also, none appears on behalf of the respondent No.2 on repeated calls. 9. Further from perusal of the materials brought on record, it transpires that the main allegation is against the petitioner No.1, who has died during the pendency of the present petition and there is no role of the petitioner No.2 in the charge-sheet except the role that he has provided the customer to purchase the property in question and further there appears to be no legal evidence in the charge-sheet, which warrants his prosecution in the present case. 10. Considering the aforesaid facts and circumstances of the case, we allow the instant petition and set aside the impugned charge sheet dated 13.04.2021 submitted before the Court Judicial Magistrate First Class, Korba in pursuance to the FIR bearing Crime No. 44/2021 registered at Police Outpost Manikpur for the offences punishable under Section 420, 409/34 of IPC and further criminal proceedings on Criminal Case No. 1216 of 2021 pending before the Court of Judicial Magistrate First Class, Korba are hereby quashed and set aside with respect to petitioner No.2 Anshu Pandey. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra