1 2025:CGHC:35137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1109 of 2025 1 - Anil Kumar Bansal S/o Late Shri Kishan Chand Bansal, Aged About 54 Years R/o Manendragarh Road, Near Holy Cross School, Ambikapur District Surguja Chhattisgarh ... Petitioner(s) versus 1 - Ankit Agrawal Senior Superintendent Of Police, Ambikapur District Surguja Chhattisgarh 2 - Manish Singh Parihar, Thana Incharge, Thana Kotwali, Ambikapur District Surguja Chhattisgarh 3 - Bhardwaj Singh Inspector, Thana Kotwali, Ambikapur District Surguja Chhattisgarh 4 - Rupesh Narang, Sub Inspector, Thana Kotwali, Ambikapur District Surguja Chhattisgarh 5 - Vansh Narayan Sharma, Sub Inspector, Thana Kotwali, Ambikapur District Surguja Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Priyanka Mehta, Advocate SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.07.31 11:32:06 +0530 2 Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 22/07/2025 1. The present contempt petition is filed for willful violation of the order dated 18-08-2023 passed by the Hon’ble Division Bench of this Court in W.P. (Cr.) No. 342 of 2023, whereby the direction was given to the investigating officer of Crime No. 606 of 2022 to conclude the investigation and to submit a police report within a period of six weeks and also to ensure that the investigation is carried out in a fair manner. 2. Learned counsel for the petitioner would submit that although the police have filed the final report on 09-12-2024/17-01-2025 but the investigating officer has not acted and investigated the offence fairly, and some of the accused persons have been left free. She would further submit that the final report has been filed only against one Kapil Bansal, whereas the other accused persons who have been actively involved in the offence and engaged in the execution and registration of forged sale deeds have not been arrayed as the accused persons. It would not be possible for one person to manage all the affairs of a forged registered sale deed. Therefore, the investigating officer has acted in the most arbitrary manner, and a fair investigation has not been done in the case, which is a willful violation of the order dated 18-08-2023, and the respondent/contemnors are liable to be punished for contempt of court. 3. I have heard learned counsel for the petitioner and perused the documents annexed with the petition. 4. The petitioner has filed the instant contempt petition against the order dated 18-08-2023 passed by the Hon’ble Division Bench of this Court in W.P.(Cr.) No. 342 of 2023. The relevant part of the order is reproduced hereinbelow:- “(4) In view of the submission made by the learned counsel for the petitioner, considering the facts and circumstances of the 3 case, the present writ petition is disposed off with a direction to the Investigating Officer to conclude the investigation, if already not concluded and submit a Police Report under Section 173(2) of the Cr.P.C. before the Competent Court within a period of six weeks from today in accordance with law and the Superintendent of Police, Ambikapur, District - Surguja is further directed to ensure that the investigation in the present case is carried out in a fair manner.” 5. It is not in dispute that the investigating officer of the case has submitted the final report on 09-12-2024/17-01-2025, as transpires from the document of final report Annexure C-3. From perusal of the contents of the final report, it is clear that despite their efforts, they could not get the persons who were allegedly present at the time of registration of the deeds. The accused Kapil Bansal did not disclose the names of other persons and evaded by disclosing the names of other persons and therefore, Section 201 of IPC is added in the case. It also reflects that the involvement of unknown persons is found, and after permission from the superior authorities under Section 173(8) of the Cr.P.C., the final report has been filed in the case. It is also mentioned in the final report that the investigation against unknown accused persons is still open, and the final report against the arrested accused has been filed. The contempt is made out only when a deliberate attempt to disobey the orders passed by the Court or there is a willful violation of the order, but in the present case, there is no such condition and it appears that despite the attempt made by the police authorities, the other accused persons could not be traced out and final report has been filed against the arrested accused. The petitioner has another remedy to redress his grievances, which have been raised in the present petition. From perusal of the entire material produced with the petition, this court does not find any willful or deliberate violation of the order dated 18-08-2023 passed by the Hon’ble Division bench of this Court in WP (Cr.) No. 342 of 2023. 4 6. Accordingly, the contempt petition is liable to be and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge sagrika