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2025 DAILYLAW 32725 (CHH)

Shivaji Sarkar, (occupation Government - Servant) v. The State of Chhattisgarh

CRMP/1157/2021 · 2025-02-25

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:9536-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1157 of 2021 1 - Shivaji Sarkar, (Occupation Government - Servant) S/o Dussashan Sarkar, Aged About 30 Years R/o Dharamjaygarh Colony, Police Station - Dharamjaygarh, District - Raigarh (C.G.) (Currently In Jail). (Address Wrongly Mentioned In FIR) 2 - Golak Patwari, S/o Adhir Patwari, Aged About 52 Years R/o Village Taraimar, Police Station Dharamjaygarh, District - Raigarh Chhattisgarh (Address Wrongly Mentioned In FIR) ... Petitioners versus 1 - The State of Chhattisgarh Through Station House Officer of Police Station Pathalgaon District - Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 2 - Shri Ram Finance Company Private Limited Through His Branch Officer, Pathalgaon District - Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 3 - The Superintendent of Police, Jashpur, District Jashpur Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Shubham Dev Mallick, Advocate For Respondent-State : Mr. Shaleen Singh Baghel, Dy. Govt. Advocate For Respondent No.2 : Mr. Anuroop Panda, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 25.02.2025 1. Heard Mr. Shubham Dev Mallick, learned counsel for the petitioners. Also heard Mr. Shaleen Singh Baghel, learned Deputy ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.02.25 17:24:24 +0530 2 Government Advocate, appearing for the respondents No.1 and 3/State and Mr. Anuroop Panda, learned counsel appearing for respondent No.2. 2. The present writ petition has been filed by the petitioners with the following prayer: “it is, therefore, most respectfully prayed that this Hon’ble Court may be kind enough to allow the present appliction filed by the applicants and kindly quash the FIR bearing No.0073/2021 registered before Police Station Pathalgaon- any subsequent criminal proceedings taken after the registration of FIR in the interest of justice.” 3. Mr. Anuroop Panda, learned counsel appearing on behalf of respondent No.2 submits that earlier he has filed his power on behalf of respondent No.2, but at present, his client has not responding. 4. It appears from the record that on 15.03.2022, the petitioners have granted interim relief in their favour to the effect that “no coercive steps shall be taken pursuant to the FIR No.0073/2021 dated 20.03.2021 registered in P.S. Pathalgaon, till the next date of hearing” and because of such interim order, the investigation is still pending. 5. Considering the facts and circumstances of the case and from perusal of the impugned FIR, it is apparent that the FIR has been lodged on 20.03.2021 and even after passing of more than 3½ years, 3 no action has been taken on the FIR, we direct the concerned Superintendent of Police / Senior Superintendent of Police to ensure that the investigation of the present case be concluded expeditiously preferably within a period of 6 weeks from the date of receipt of certified copy of this order, if already not concluded and submit a Police Report under Section 173(2) of the Cr.P.C. (now under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) before the competent Court in accordance with law. Till then, the arrest of the petitioners-Shivaji Sarkar and Golak Patwari, in pursuance of impugned F.I.R. bearing Crime No.0072/2021 dated 20.03.2021 registered at Police Station Pathalgaon, District Jashpur (C.G.), shall remain stayed, of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. 6. Learned State counsel is directed to furnish a copy of this order to the concerned Superintendent of Police / Senior Superintendent of Police for necessary information and compliance forthwith. 7. With the aforementioned observations/directions, instant writ petition is disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu