1 2025:CGHC:14980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1208 of 2021 1 - Dr. Shrinarayan Gole S/o Late Shivnarayan Gole Aged About 43 Years Resident Rajiv Vihar , Near Vip City Colony Bilaspur , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station Ambikapur , District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 2 - Smt. Sonari @ Somari Rajwade D/o Late Kawal Sai Rajwade Aged About 31 Years R/o Village Maheshpur , Police Station Jainagar, District Surajpur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Akhat Kumar Yadav, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 28.03.2025 1. Heard, Mr. Akhat Kumar Yadav, Advocate learned counsel for the petitioner and Mr. Shashank Thakur, Dy. Advocate General, for the Respondent/ State. 2 2. The present CrMP has been filed by the petitioner with the following relief:- “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner from Police Station- Ambikapur, Dist- Surguja (CG) 10.2 That this Hon’ble Court may kindly be pleased to allow this petition and quash the FIR bearing No. 838/ 2021 dated 28.08.2021, which is registered at Police Station, Ambikapur, Dist- Surguja, C.G. for the offences punishable under Section 7 of the Prevention of Corruption Act, 1988 against the present petitioner against the petitioner, in the interest of justice. 10.3 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. In compliance of the Court’s order dated 21.03.2025 The Director General of Police, Police Headquarters, Chhattisgarh, Nawa Raipur has submitted his personal affidavit dated 26.03.2025. Para 1 to 5 of his affidavit have been reported hereunder for ready reference:- 1. That, I am presently posted as Director General of Police, Police Headquarters, Chhattisgarh, and I am conversant with the facts & circumstances of the case. 2. That, vide order dated 21.03.2025 the Hon'ble Court has directed the Deponent to file his personal affidavit calling upon an explanation from the Investigating Officer through Superintendent of Police concerned as to why the investigation has not been concluded till date though the FIR was registered against the petitioner on 28.08.2021 and near about 3½ years have been elapsed. In compliance of the Hon'ble Court's order dated 21.03.2025, the Deponent most humbly submits as under:- (a) That, at the outset, the deponent herein most respectfully submits that he holds this Hon'ble Court in the highest esteem and respect. The deponent has never sought or intended to, directly or indirectly, commit any act that interferes with the process of administration of justice. (b) That, pursuant to the written complaint made by the complainant, an offence bearing Crime No. 0838/2021 under 3 section 7 of the Prevention of Corruption Act, 1988 has been registered against the present petitioner on dated 28.08.2021, wherein, the allegation of demanding bribe of Rs. 12,000/- & 50,000/- for conducting postmortem on the dead body of the deceased and giving postmortem report was made by the petitioner from the complainant. (C) That, in compliance of the order passed by the Hon'ble court dated 21/03/2025, by this Hon'ble court the deponent has immediately acted upon it and directed the superintendent of police district Surguja while letter dated 24/03/2025 to after the registration of F.I.R. in the case obtain the explanation of the guilty investigator for not completing the investigation and submitting the final report till date and investigate thoroughly and ensure to submit to complete report through Inspector General of Police Range- Surguja, Copy of the letter dated 24/03/2025 is filed with herewith ANNEXURE - A/1 (d) That, the investigation in connection of the aforesaid offence was incomplete as such the charge sheet was not filed before the Competent Court. Pursuant to the order passed by this Hon'ble Court, the Inspector General of Police, Surguja Range, District Surguja (CG) has called status report from the Superintendent of Police, Surguja Range, District Surguja (CG), in which, it is stated that, upon examination of the matter minutely commission of negligence in the investigation is reflected as such, the Sub Inspector namely Akhilesh Singh, In charge Polcie Station Manipur has been imposed with the punishment of ‘Censure’ while the then City Superintendent of Police, Ambikapur namely Shri Surendra Sai Paikra & Shri Akhilesh Kaushik have been issued letter of displeasure on account of not completing the investigation within time. In this regard, copy of the letter dated 24.03.2025 alongwith order of punishment dated 24.03.2025 & relevant letters of displeasure, is collectively annexed & marked herewith as ANNEXURE A/2 (e) That, the Inspector General of Police, Surguja Range, Surguja (CG) has submitted explanation with regard to the instant matter and action being taken against the concerned delinquents. In this 4 regard, copy of the letter dated 25.03.2025 is annexed & marked herewith as ANNEXURE A/3. (f) It is most respectfully submitted that, upon completing the investigation, the final report in connection with the aforesaid crime, has been submitted before the court of learned Chief Judicial Magistrate, Ambikapur, District Surguja (CG) against the petitioner for offence punishabłe under section 07 of the Prevention of Corruption Act, 1988 on 22.03.2025, which has been accepted by the Trial Court and numbered the case as Criminal Case No. 01/2025. In this regard, copy of relevant extract of final report is annexed & marked herewith as ANNEXURE A/4. 3. It is respectfully submitted that, on account of negligence shown in the investigation of aforesaid crime, the competent authority has taken action against the concerned delinquents and issued Censure as well as Displeasure against them. The deponent humbly submits that the appropriate direction will be issued to the police authorities for initiating speedy investigation in the FIRs and for compliance of the orders issued by this Hon'ble Court from time to time. 4. That, It is respectfully submitted that the deponent herein as highest regards and respect for the orders passed by this Hon'ble Court and the Deponent herein is bound to comply the orders passed by this Hon'ble Court in its letter and spirit. 5. That, the contents of this affidavit have been drafted according to my instruction and contents thereof are true and correct to the best of my personal knowledge and belief, based on the official records. 4. Learned counsel for the petitioner would submit that the charge sheet has already been filed in the present case and seeks permission to withdraw the present CrMP with liberty to take recourse to law. 5. Learned counsel for the respondent/ State has no objection. 6. In view of the same, the present Cr.MP. has been dismissed as withdrawn as prayed by learned counsel for the petitioner with the 5 aforesaid liberty. 7. The certified copy of the annexures be returned back to the learned counsel for the petitioner after retaining the attested true copy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.03.29 10:44:15 +0530