Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4661-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 504 of 2023 1 - Sopsingh S/o Mansay Nag, Aged About 56 Years R/o Ward No. 7, Gram Panchayat, Mode, Post Urendabeda, District Mode, Post Urendabeda, District Kondagaon, Chhattisgarh. 2 - Mangtu S/o Late Kolu, Aged About 60 Years R/o Village Amgaon, Gram, Panchayat, Amgaon, Post Urendabeda, District Kondagaon Chhattisgarh. 3 - Shobhiram S/o Late Suku, Aged About 45 Years R/o Village Amgaon, Gram Panchayat, Amgaon, Post Urendabeda, District Kondagaon, Chhattisgarh. 4 - Sukluram Nag S/o Late Baisakhu, Aged About 34 Years R/o Village Amgaon, Gram Panchayat, Amgaon, Post Urendabeda, District Kondagaon Chhattisgarh. 5 - Charan Singh S/o Kolu Ram, Aged About 53 Years R/o Village Amgaon, Gram Panchayat, Amgaon, Post Urendabeda, District Kondagaon Chhattisgarh. 6 - Chamar Singh S/o Sunderlal, Aged About 40 Years R/o Village Amgaon, Gram Panchayat, Amgaon, Post Urendabeda, District Kondagaon Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Irrigation Department, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh. 2 - The Collector, Kondagaon, District Kondagaon Chhattisgarh. 3 - The Supereintendent Of Police Kondagaon, District Kondagaon Chhattisgarh. 4 - Station House Officer, Police Station Urendabeda, District Kondagaon Chhattisgarh. 5 - Surjeet Vaidya S/o Tapan Vaidya, Surjeet Vaidya, R/o Village Chamiya, P.S. Bhanpuri, District Bastar Chhattisgarh. 6 - Tapan Vaidya S/o Jodu Vaidya, R/o Village Chamiya, P.S. Bhanpuri, District Bastar Chhattisgarh. 7 - Suraj Vaidya S/o Tapan Vaidya, R/o Chamiya, P.S. Bhanpuri, District Bastar Chhattisgarh.
2 8 - The Branch Manager, District Cooperative Central Bank Limited, Farasgaon, District Kondagaon Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Mukesh Shrivastava, Advocate For Respondents/State : Mr. S.S. Baghel, Dy. Govt. Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri
Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha,
Chief Justice
27.01.2025
1. Heard Mr. Mukesh Shrivastava, learned counsel for the petitioners as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondent Nos. 1 to 4.
2. Present petition has been filed by the petitioner under Article 226 of the Constitution of India with the following reliefs :-
“i. To kindly issue necessary directions to the respondent authorities to consider the claim of the petitioner. ii. To allow the writ petition filed by the petitioners and also be pleased to make an order to direct the S.D.O.P., Farasgaon, District-Kondagaon and S.D.O. (Revenue), Kondagaon to conclude the enquiry after having taken the statement and after having gone through the records and also until the disposal of the writ petition, be pleased to make an
order to grant the stay to the recovery issued from the District Cooperative Bank, Farasgaon.
3 iii. To kindly make any other order/s that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”
3. From perusal of the prayers and pleadings made in the writ petition, it appears that on the basis of complaint made by the petitioners, an FIR has been registered against unknown persons and it is stated that respondent Nos. 5 to 7 on the basis of forged signature of petitioners some money has been deposited and thereafter, recovery notices have been issued against the petitioners and the charge-sheet has already been filed before the competent Court and the petitioners have come up before this Court for staying of the inquiring into the amount and recovery proceedings initiated against them. But, considering the fact that the FIR has already been lodged against the persons, who are involved in the incident on the basis of complaint made by the petitioners and charge-sheet has also been submitted before the competent Court, we are not inclined to grant the aforesaid reliefs sought for by the petitioners as the petitioners have the remedy before the appropriate forum for redressal of their grievance.
4. Accordingly, the instant petition is dismissed on this ground alone. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra