1 2025:CGHC:33953-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2254 of 2025 1 Dilip Mehar @ Dilip Ajgar S/o Fagnu Ram Mehar Aged About 41 Years R/o Village Malidih, Police Station-Tumgaon, District- Mahasamund C.G. 2 Kamta Mehar W/o Dilip Mehar Aged About 39 Years R/o Village Malidih, Police Station-Tumgaon, District- Mahasamund C.G. ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Station House Officer, Police Station- Tumgaon, District Mahasamund C.G. 2 Shilpa Sai D/o Ramsai Working As Assistant Commissioner, Tribal Development Branch, District- Mahasamund C.G. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Bharat Rajput, Advocate For Respondent /State : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.18 19:16:15 +0530 2 Per Ramesh Sinha, Chief Justice 18/07/2025 1. Heard Mr. Bharat Rajput, learned counsel for the petitioners and also Mr. S.S. Baghel, learned Dy. G.A. for the State. 2. The instant CRMP has been filed under Section 482 of the Cr.P.C with the following prayer:- “I. Allow the petition under Section 528 of B.N.S.S. filed by the petitioners. 11. Quash the impugned FIR dated 26.05.2023 bearing Crime No. 72/2023 registered at Police Station, Tumgaon, District-Janjgir-Champa (C.G.) for the offence U/s 420, 467, 468, 471, 201, 34 of IPC against the petitioners. III. Quash the impugned undated and unnumbered Final Report submitted by Police Station, Tumgaon before the learned Chief Judicial Magistrate, Mahasamund for the offence U/s 420, 467, 468, 471, 201, 34 of IPC against the petitioners. IV. Quash the order of taking cognizance dated 02.05.2025 and entire criminal proceedings pending in Criminal Case No. S-2076/2025 pending before the learned Chief Judicial Magistrate, Mahasamund for the 3 offence U/s 420, 467, 468, 471, 201, 34 of IPC against the petitioners. V. Grant any other relief, which may be deemed fit in given facts and circumstances of the case, in favour of petitioners. 3. Facts of the case in brief is that, the Assistant Commissioner, Tribal Development Department, Mahasamund has lodged a complaint contending that the petitioners namely Dilip Mehar @ Dilip Ajgar and Smt. Kanta Mehar who are husband and wife have prepared forged and fabricated patta with regard to land bearing khasra No. 829/1 and 829/2 ad-measuring area 1.95 & 1.95 hectares respectively situated at Malidih Forest area and on the basis of said forged patta, the petitioners got registered in paddy Purchase Center, Tumgaon and have sold out the paddy in the account of Forest Land and obtained the amount to the tune of Rs. 1,46,880/-. 4. On the basis of said complaint, FIR has been registered before the Police Station, Tumgaon against the present petitioners and after completion of investigation, the charge sheet was submitted before the learned Chief Judicial Magistrate, Mahasamund against the petitioner for the offences U/s 420, 467, 468, 471, 201, 34 of IPC. 5. Learned counsel for the petitioner would submit that the 4 allegations made in the First Information Report, Final report and order taking cognizance is bad in law and no offence is made out against the petitioners. He further submits that as per the instructions dated 28.09.2021 issued by the C.G. Department of Agriculture Development & Farmer Welfare and Bio Technology, Mahanadi Bhawan, Atal Nagar, Nawa Raipur the original patta of the subject land was produced by the petitioners and after verification of the same, the portal of petitioners were selected in their names in Tumgaon Samiti. He further submits that now the petitioners have misplaced the original patta and only on the basis of non-production of patta the impugned criminal proceedings have been initiated against them. He further submits that the petitioners have not prepared any forged or fabricated documents for selling of paddy crops in Tumgaon Society and they have been falsely implicated. Therefore, they pray for quashment of the FIR, final report and and further proceedings. 6. Per Contra, learned State counsel oppose the submission made by the learned counsel for the petitioner. He would submit that the offence relates to cheating by preparation of forged and fabricated documents. He further submits that in the case in hand, the final report has already been filed and the matter requires investigation. 7. We have heard learned counsel for the parties and perused the documents. 5 8. Prima-facie, this Court found that the petitioner has come up before this Court for quashment of FIR, final report, order taking cognizance and further proceedings which was registered at the behest of Assistant Commissioner, Tribal Development Department, Mahasamund. From bare perusal of the pleadings and the documents, it is evident that the matter relates to preparation of forged documents and requires investigation. Further perusal of the pleadings and documents appended with the petition, it is apparent that production of original patta is necessary as per instructions dated 28.09.2021 of Government of C.G. Department of Agriculture Development & Farmers Welfare and Bio Techology, Mahanadi Bhawan regarding maintaining Unified Farmer Portal Clause-6.3.2 and the petitioners are unable to produce the original patta. Thus, considering the aforesaid facts and circumstances of the case and also considering the fact that the final report has already been filled against the petitioners, and it cannot be said that the impugned FIR does not disclose a cognizable offence, thus, at this stage, we do not find it a fit case to interfere. 9. Accordingly, the present CRMP is dismissed, at motion stage. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar