Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28852-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2000 of 2025 1 Anil Shrivas S/o L/t Shiv Prasad Shrivas Aged About 38 Years R/o Shanti Nagar, P.S.- Champa, District Janjgir-Champa, Chhattisgarh. 2 Khilendra Sahu S/o Tulsi Ram Sahu Aged About 38 Years R/o Ward No. 07 Village Kalmi, P.S.- Malkharoda, Tehsil- Malkharoda, District Janjgir-Champa, Chhattisgarh. ... Petitioner(s) versus 1 The State Of Chhattisgarh Through Station House Officer Of Police Station Baloda, District : Balodabazar-Bhathapara, Chhattisgarh 2 Indu Verma W/o Arun Verma Aged About 32 Years R/o Village Baloda, District Balodabazar-Bhatapara, Chhattisgarh. 3 Chameli Banjaare W/o Kanta Prasad Banjaare Aged About 46 Years R/o Balodabazar-Bhatapara, Chhattisgarh. 4 Bharti Banjaare D/o Kanta Prasad Banjaare Aged About 28 Years R/o Balodabazar-Bhatapara, Chhattisgarh. 5 Chumman Bandhe W/o Mitlesh Kumar Banjaare Aged About 28 Years JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.01 10:20:59 +0530
2 R/o Balodabazar-Bhatapara, Chhattisgarh. 6 Nuleshwari Banjaare W/o Naresh Banjaare Aged About 32 Years R/o District Balodabazar-Bhatapara, Chhattisgarh. 7 Maneesha Gautam W/o Lokesh Garg Aged About 26 Years R/o Balodabazar-Bhatapara, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Sourabh Sahu, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer For Respondent No. 2 to 7 : Mr. Ankit Singh, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per
Ramesh Sinha, Chief Justice
30/06/2025
1. Heard Mr. Sourabh Sahu, learned counsel for the petitioners, Mr. Sakib Ahmed, learned Panel Lawyer for the State/respondent No. 1 as well as Mr. Ankit Singh, learned counsel for the respondent No. 2 to 7. 2. By this petition under Section 528 of B.N.S.S the petitioners have prayed for the following relief(s):
“It is therefore prayed that this Hon'ble Court may kindly be pleased to allow this petition and may kindly be pleased to quash the FIR bearing crime No.689/2023 dated 11.09.2023 registered in P.S.
3 Baloda, District Baloda Bazar for offence punishable u/s 420,34 of IPC, any other relief may also be granted to the petitioner, which this Hon'ble Court deems fit and proper.”
3. The facts, in brief, is that the petitioners lured the complainants and on the pretext of providing them job on the post of J.P. coordinator in Sai Trust, Raipur took money from them and is not returning the same. Further on a written complaint, FIR was lodged against the petitioners and other co-accused. 4.
It has been argued by learned counsel for the petitioners that the matter has been amicably settled between the parties and the copy of settlement deed has also been annexed as Annexure A-6 and the original settlement deed is with the petitioner. He further submit that anticipatory bail of the petitioners have been rejected by the trial court. 5. On the other hand, learned counsel appearing for respondent No.2 to 7 supports the contention of the learned counsel for the petitioners that matter has been amicably settled between the parties. 6. We have heard learned counsel for the parties and perused the documents appended with petition. 7. During the course of hearing it came to the knowledge of this court that anticipatory bail application of the petitioner No. 1 namely Anil Kumar Shrivas relating to same crime No. 689/2023 bearing MCRC(A) No. 38 of 2024 along with other connected
4 MCRC(A) No. 1458 of 2023 has been rejected by Co-ordinate bench of this court by order dated 13.03.2024 observing that the petitioner No. 1 herein along with other co-accused have cheated the complainant and took Rs. 8,60,000/- and further because of their active involvement in the crime. 8. Suppression of material facts about rejection of anticipatory bail application by this court under Section 438 of CRPC amounts to abuse of process of law. It is settled law that a party which has suppressed the material fact is not entitled to be heard on merits of the case. 9. Accordingly, the present CRMP deserves to be and is hereby dismissed on ground of suppression of material fact. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar