1 2025:CGHC:30777-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2106 of 2025 Abhijeet Singh Chauhan S/o Shri Devi Prakash Singh Chauhan, Aged About 37 Years R/o. Old Hospital Colony, Dantewada P.S.-Dantewada, N.P. Dakshin Bastar, District-Dantewada (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through Police Station- Dantewada, District - Dantewada (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Akath Kumar Yadav, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 07.07.2025 1. Heard Mr. Akath Kumar Yadav, learned counsel for the petitioner. Also heard Mr. Sakib Ahmed, learned Panel Lawyer for the respondent / State. 2. The petitioner has filed this petition with following prayer: MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.07.08 11:03:35 +0530 2 “1. That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner from Police Station – Dantewada, Distict Dantewada C.G. 2. That this Hon'ble Court may kindly be pleased to allow this petition and quash the FIR bearing No-77/2024 dated 08-11-2024, which is registered at police Station Dantewada,- District- Dantewada, C.G. for the offences punishable under section 316, 318, 336, 338, 340 of the Bharatiya Nyay Sanhita, 2023 against the petitioner, in the interest of Justice. 3. That any other relief/order which may deem fit and just in the facts and circumstances of the case, in the interest of Justice.” 3. Prosecution story in brief is that it is alleged that the complainant namely Dr. Ramlal Gangesh, who was posted as Civil Surgeon Cum Hospital Superintendent at District Hospital Dantewada had resumed his duty after taking charge from Dr. Kapil Dev Kashyap. The operation of DMF and CSR funds were carried out by him and on 02.11.2024 he found that 07 cheques of District Mineral Fund (DMF) and Corporate Social Responsibility (CSR) fund, cash register, bank statement were missing from the office. After inquiry with the SBI Dantewada, he found that the amount of Rs. 66,75,850/- of total 07 cheques have been illegally withdrawn by the ex-officials, thereby committed financial embezzlement. Thereafter, the complainant had lodged written report at Police Station Dantewada, District Dantewada, which was registered as 3 Crime No. 77/2024 offences punishable under section 316, 318, 336, 338, 340 of the Bharatiya Nyay Sanhita, 2023 against the present petitioner. The present petitioner has not drawing disbursing power of any amount regarding the work of DMF and CSR funds, all work was done by the Civil Surgeon Cum Hospital Superintendent of Dantewada and cheque was issued by him. The FIR has been registered after 1 year of the incident without any explaination of delay in lodging F.I.R against the petitioner. There is no role of the present petitioner in commission of the instant financial embezzlement and it is further submitted that at the time of alleged financial embezzlement, the Petitioner was posted in District Electoral office Dantewada in compliance of the orders dated 07.03.2024 and 11.03.2024. 4. Learned counsel for the petitioner submits that he has been falsely implicated in this case and no prima facie case has been made out against him. There is no role of the present petitioner in commission of the instant financial embezzlement and it is further submitted that at the time of alleged financial embezzlement, the Petitioner was posted in District Electoral Office Dantewada in compliance of the orders dated 07.03.2024 and 11.03.2024. The authority of transaction of funds pertaining to DMF / CSR was not under the control of the present petitioner but it was direct control of the Civil Surgeon Cum Hospital Superintendent. The present petitioner is discharging his official duties as cashier / Asst. Grade-II since 14 years with honestly and sincerity and there is no 4 any allegation against him except present i.e. also when he is posted in District Electoral Office, Dantewada since 11.03.2024. Further, the present petitioner is a government employee and posted at Electoral Office, Dantewada in compliance of the order of Collector, Dantewada (C.G.) and if he will keep behind the bar then his whole future life will be ruined. In compliance of the order dated 07.03.2024 & 11.03.2024, when the petitioner's duty was engaged in Electoral Office, Dantewada from the Office of Civil Surgeon Cum Hospital Superintendent, Dantewada, he had surrendered all the official equipments to the Civil Surgeon-cum- Hospital Superintendent and at that time he neither raised any queries nor make any complaint to any authority but after lapse of about 7 to 8 months, the instant FIR under Crime No. 0077/2024 had been lodged against the present petitioner. Also, the complainant had lodged the instant crime only to teach lesson to the petitioner, as he time and again approaching the before this Hon'ble Court for redressal of his grievances by filing WPS No. 2770/2023, Cont. (C) No. 198/2024, against the order passed by the Civil Surgeon Cum Chief Hospital Superintendent, District Hospital Dantewada. Lastly, the petitioner has not drawing disbursing power of any amount regarding the work of DMF and CSR funds was disbursed by the Civil Surgeon Cum Hospital Superintendent of district hospital Dantewada and no any signal Rs transferred to his account. 5 5. On the other hand, learned counsel for respondent / State opposed the submissions made by learned counsel for the petitioner and submits that once the FIR has been registered, it has to be investigated and taken to its logical end. Thus, at this stage, no interference is warranted. He would rely upon the judgment of the Supreme Court in the matter of State of Telangana v. Habib Abdullah Jeelani reported in (2017) 2 SCC 779, wherein the Supreme Court has observed that inherent power in a matter of quashment of FIR has to be exercised sparingly and with caution and when and only when such exercise is justified by the test specifically laid down in the provision itself. He would further rely upon the judgment of the Supreme Court in the matter of Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and others reported in 2021 SCC OnLine SC 315, wherein the Supreme Court has laid down that when a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations made out a cognizable offence and the court has to permit the investigating agency/police to investigate the allegations in the FIR. Therefore, in the light of the above mentioned judgments, the instant petition is absolutely misconceived and deserves to be dismissed. 6 6. Learned State Counsel also submits that mere perusal of FIR goes to show that on departmental investigation of 7 missing cheques of District Hospital Dantewada's D.M.F. and C.S.R. branch, irregularities have been found in withdrawing the amount by forging signatures on government cheques totaling Rs.66,75,850/-. In the said government cheque, it has been found that the government amount has been withdrawn by forging the signature of the former Civil Surgeon Dr. Kapil Dev Kashyap. It was learned through State Bank Dantewada that Abhijeet Singh Chauhan/petitioner herein is visible to have fraudulently withdrawn government money. Regarding which the complainant submitted a written application. On perusal of the written application, the crime under sections 316, 318, 336, 338, 340, BNS was found to have been committed by the criminal. Hence, the crime was registered and investigation was taken up. 7. We have heard learned counsel appearing for the parties and perused the prayers and pleadings made in this petition. 8. The Supreme Court in the matter of Neharika Infrastructure Pvt.Ltd. v. State of Maharashtra and others reported in 2021 SCC OnLine SC 315 has observed that the power of quashing should be exercised sparingly with circumspection in the rarest of rare cases. While examining an F.I.R./complaint, quashing of which is sought, the Court cannot inquire about the reliability, genuineness, or otherwise of the allegations made in the 7 F.I.R./complaint. The power under Section 482 Cr.P.C. (Now Section 528 of the BNSS) is very wide, but conferment of wide power requires the Court to be cautious. The Supreme Court has emphasized that though the Court has the power to quash the F.I.R. in suitable cases, the Court, when it exercises power under Section 482 Cr.P.C. (Now Section 528 of the BNSS), only has to consider whether or not the allegations of F.I.R. disclose the commission of a cognizable offence and is not required to consider the case on merit. 9. Considering the submissions advanced by learned counsel for the parties and perusing the records and further the allegations levelled against the petitioner, who committed fraud by forging the signature of the former Civil Surgeon Dr. Kapil Dev Kashyap on government cheques totaling Rs.66,75,850/- and withdrawing the same fraudulently, F.I.R. discloses the commission of a cognizable offence against the petitioner and hence, no good ground has been raised to interfere in the matter and quash the FIR at this stage as the investigation has to be concluded and taken to its logical end. 10. In that view of the matter, we do not find any merit in this petition. The petition lacks merit is liable to be and is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet