1 2025:CGHC:8594-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1066 of 2021 1 - Sandeep Singh Chandel S/o Shri Rajmani Singh Chandel, Aged About 33 Years R/o Lig 39 Chandulal Chandrakar Housing Board, S.T.F. Colony, Baghera, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh, Through - Station House Officer, Police Station - Sarkanda, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Amit Kumar, Advocate. For Respondent(s) : Mr. S. S. Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 19/02/2025 1. Heard Mr. Amit Kumar, learned counsel for the petitioner. Also heard Mr. S.S. Ubeja, learned Panel Lawyer, appearing for the Respondent/State. 2. The present criminal misc. petition filed by the petitioner under Section 482 of 2 the Code of Criminal Procedure, 1973 for quashing of the FIR of Crime No. 1131/2020 registered at Police Station Sarkanda, Bilaspur as well as proceeding of the Criminal Case No. 2038/2021 is pending before learned Chief Judicial Magistrate, Bilaspur. 3. The petitioner prayed the following relief in this petition: "It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this petition by quashing the FIR No. 1131/2021 and proceeding of Criminal Case No. 2038/2021 is pending before the CJM, Bilaspur, in the interest of justice." 4. Brief facts of the case are that one Abhay Deshpandey who was the General Manager of Rite Water Solution Private Limited, Nagpur (Maharashtra) had lodged a written report to the police alleging in it that the company is having an agreement with the State Government for the period of 07 years to maintain the water ATM (Water Purification Plant) and its establishment. His company is having its bank account in the name of the company at Bank of Maharashtra, Nagpur branch. The present petitioner and co-accused Raghvendra Tiwari and Rajnish Patel who were the employees of the company conspired together and open a bank account at Bank of Baroda, Sarkanda branch in the similar name of the complainant company and in between the period of 22.08.2019 to 11.09.2020 in which deposited total Rs. 20,98,098/- from 7 municipalities and thereby caused huge loss to the complainant company. On the report of the complainant the FIR has been registered against the present petitioner and other accused persons. In Crime No. 1131/2020 at Police Station Sarkanda, Bilaspur dated 03.12.2020 for the offence under Sections 420, 120-B, 406, 408 and 34 of IPC. After completion of the investigation charge-sheet was filed against the petitioner and other accused persons on 03.12.2020 before the learned Chief Judicial Magistrate, Bilaspur where Criminal Case No. 2038/2021 has been registered and trial of the case is in progress. 5. Learned counsel for the petitioner would submit that there is no prima facie 3 case made out against the petitioner as alleged and there is no signature of the present petition on the documents which are alleged to be executed or signed by the petitioner and it is the forged signature of the petitioner by which he is being implicated in the offence. The document by which the payment is alleged to have been received against the Water ATM work has also not been signed by the petitioner and the case of the prosecution is itself is based on forged and false documents and no liability can be fasten upon the petitioner that he engaged in forgery and cheating with the collusion and conspiracy of other accused persons. Therefore, the petition may be allowed and the impugned FIR as well as charge- sheet and the proceedings of the criminal case may be quashed. 6. On the other hand, learned counsel of the State opposes the submissions made by learned counsel for the petitioners and have submitted that the charge- sheet has been filed against the petitioner and other accused persons in the year 2020 from the information obtained from e-portal, it reflects that the charges have been framed and evidence is being recorded by the learned trial Court and the case is in advance stage of its trial. He would further submits that from the allegation levelled in the FIR as well as from the document annexed with the charge-sheet the prima facie allegation is there against the present petitioner and the same requires evidence for which trial is going on and there is no ground to quash the impugned FIR or the charge-sheet and the petition is liable to be dismissed. 7. We have heard learned counsel for the parties and perused the material annexed with the petition. 8. It transpires that there is no interim order in favour of the petitioner in the case. The charge-sheet has been filed on 03.12.2020 and as stated by learned counsel for the State that the charge have been framed and evidences are being recorded before the learned trial Court and the trial is at advance stage. The said submissions have also not been denied by the learned counsel for the petitioners. 9. Considering the submissions made by learned counsel for the parties, considering the material available in the charge-sheet and the allegation against the 4 petitioner further considering that charges have been framed and the trial of the case is in progress and is in advance stage, we do not find any good ground to interfere in the matter in such an advance stage of trial. 10. Consequently, the present petition is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.02.25 17:19:14 +0530