1 2025:CGHC:37558-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2347 of 2025 1 - Dhananjay Singh Thakur S/o Dashrath Singh Thakur Aged About 42 Years R/o Ward No. 16 Ps Seepat, District- Bilaspur (Chhattisgarh) 2 - Arun Soni S/o Madho Prasad Soni, Aged About 41 Years R/o MIG 33, Sagardeep Phase 2, Uslapur Ps Sakri, District- Bilaspur (Chhattisgarh) 3 - Vinay Jangde S/o Dr Jangde Aged About 38 Years R/o Jahrbhata, PS Civil Line, District- Bilaspur (Chhattisgarh). ... Petitioners versus 1 - State of Chhattisgarh Through- SHO, Police Station, Ratanpur, District- Bilaspur (Chhattisgarh) 2 - Purnima Yadav Wd/o Late Manoj Yadav, Aged About 43 Years R/o Vivekanand Colony, Ps Mopka, Sarkanda Gram Chaurhadevri, District- Bilaspur (Chhattisgarh). ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Ashish Shrivastava, Senior Advocate assisted by Mr. Rahul Ambast and Mr. Rohishek Verma, Advocates For State/Respondent No.1 : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 31.07. 2025 1. Heard Mr. Ashish Shrivastava, Senior Counsel assisted by Mr. Rahul Ambast and Mr. Rohishek Verma, learned counsel for the petitioners as well as Mr. Sakib Ahmed, learned Panel Lawyer, appearing for the State/respondent No.1. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.08.01 10:34:37 +0530 2 2. The present petition has been filed by the petitioners with the following relief(s):- “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash and set-aside the impugned FIR registered vide dated 20.09.2024 (Annexure P/1) in Crime No. 0603/2024 for the alleged commission of offence under Section 420 of the Indian Penal Code, 1860 against the present petitioners, in the interest of justice.” 3. On 29.07.2025, when the matter was called out for hearing, following order was passed :- “Heard Mr. Ashish Shrivastava, learned Senior Advocate, assisted by Mr. Rahul Ambast, learned counsel for the petitioners. Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for respondent No. 1/State. It is submitted by the learned Senior Advocate for the petitioners that the impugned FIR bearing Crime No. 0603 of 2024, for the offence punishable under Section 420 of the Indian Penal Code (IPC), was registered on 20.09.2024 at Police 3 Station Ratanpur, District Bilaspur, against the petitioners by respondent No. 2. However, the investigation in the matter has not been concluded till date. He further submits that, by order dated 23.10.2024 passed in MCRCA No. 1236 of 2024, petitioners No. 1 and 2 have already been granted anticipatory bail, and by order dated 04.11.2024 passed in MCRCA No. 1253 of 2024, anticipatory bail has also been granted to petitioner No. 3. The Superintendent of Police, Bilaspur is directed to file a personal affidavit explaining the reasons for the delay in completion of the investigation in Crime No. 0603 of 2024, registered on 20.09.2024 at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Section 420 of the Indian Penal Code. The affidavit shall specifically disclose the explanation of the Investigating Officer concerned as to why the investigation has not been concluded till date. A copy of this order be sent to the 4 Superintendent of Police, Bilaspur, through the learned State counsel for information and necessary action forthwith. Let this matter be placed before this Court for consideration of the personal affidavit that would be filed by the Superintendent of Police, Bilaspur, on 31.07.2025.” 4. In compliance of the order dated 29.07.2025, the Senior Superintendent of Police, Bilaspur, District Bilaspur has filed the affidavit, relevant portion of which, reads as under :- “2. At the outset, the deponent respectfully submits that, he is duty bound to follow all the directions & orders passed by this Hon'ble Court from time to time and is having deepest & highest regard for this Hon'ble Court. he shall take all measures to ensure compliance of the orders and directions of this Hon'ble Court and shall leave no stone unturned to see that the commands of this Hon'ble Court are complied. 3. That, it is respectfully submitted that the present matter was listed before this Hon'ble Court on 29.07.2025. It is submitted that the 5 instant CrMP has been preferred by the petitioners challenging the impugned FIR bearing Crime No. 603 of 2024, for the offences punishable under Section 420 of the IPC, registered at Police Station Ratanpur, District Bilaspur (C.G) on 20.09. 2024, against the petitioners by respondent No. 2. That, it is submitted by the counsel for the petitioners that vide order dated 23.10.2024, passed in MCRCA No. 1236 of 2024, petitioners No. 1 and 2 have already been granted anticipatory bail and vide order dated 04.11.2024, passed in MCRCA No. 1253 of 2024, anticipatory bail has also been granted to the petitioner No. 3. 4. That, it is respectfully submitted that this Hon'ble Court vide its order dated 29.07.2025, directed the Superintendent of Police, Bilaspur (deponent herein) to file his personal affidavit explaining the reasons for the delay in completion of the investigation in Crime No. 603 of 2024, registered on 20.09.2024 at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Section 420 of the IPC. 6 This Hon'ble court has further directed that the affidavit shall specifically disclose the explanation of the Investigating Officer concerned as to why the investigation has not been concluded till date. 5. That, it is respectfully submitted that in compliance of the order dated 29.07.2025, by this Hon'ble Court the present affidavit is being filed herewith. That, it is respectfully submitted that the deponent herein has called for an explanation from the investigating officer of the case in Crime No. 603 of 2024 asking for the explaining the reasons for the delay in completion of the investigation vide letter dated 30 July, 2025. Copy of the letter dated 30 July, 2025 is filed and annexed herewith as ANNEXURE A/1 for the kind reference of this Hon'ble Court. It is submitted that the investigating officer namely SI Kamlesh Banjare, has given his explanation, stating that the complainant Purnima Yadav has given written complaint on 28.09.2024, on the basis of which FIR bearing Crime No. 603 of 2024 was registered under Section 420, 34 of the IPC. 7 The investigating officer has further explained that the statement of witnesses/victim was recorded and thereafter search of the accused persons was made. That, it is further explained that on 29.11.2024, the accused persons came to the police station along with their anticipatory bail orders and thereafter, the accused persons were released on bail bonds after making their arrest. In the present matter the complainant was also asked produce the documentary evidence. However, the agreement related documents could not be produced by her and thereafter, legal opinion was sought from the Additional District Prosecution Officer, Kota for collecting evidence and the said letter was forwarded to the Deputy Director Prosecution. Copy of the letter dated 15.04.2025, is filed and annexed herewith as ANNEXURE A/2 for the kind reference of this Hon'ble Court. 6. That, it is submitted that final report was prepared in the instant case on 21.06.2025, and the final report was finally filed before the learned JMFC, Kota on 30.07.2025. It is 8 also respectfully submitted that the investigation in the present matter has been completed. Copy of the final report is being filed and annexed herewith as ANNEXURE A/3 for the kind reference of this Hon'ble Court. 7. That, it is respectfully submitted that the deponent herein not being satisfied with the explanation of the investigating officer has imposed an punishment of "censure" upon the investigating officer vide order dated 30.07.2025. Copy of the order dated 30.07.2025, imposing the punishment of "Censure" is filed and annexed herewith as ANNEXURE A/4 for the kind reference of this Hon'ble Court.” 5. Perusal of the affidavit shows that the Superintendent of Police, Bilaspur, has complied with the directions issued by this Court vide order dated 29.07.2025, and has submitted a detailed explanation for the delay in completion of investigation in Crime No. 603 of 2024. It is evident from the affidavit that although the FIR was registered on 20.09.2024, the investigation could not be concluded within a reasonable period due to the non-availability of documentary evidence from the complainant and the subsequent 9 requirement to seek legal opinion from the prosecution office. It is further revealed that despite the anticipatory bail granted to the petitioners, the Investigating Officer failed to complete the investigation expeditiously. The deponent, being dissatisfied with the explanation of the Investigating Officer, has imposed a punishment of ‘Censure’ upon him, thereby acknowledging the delay and taking departmental corrective action. The affidavit also confirms that the final report has now been filed before the concerned jurisdictional Criminal Court on 30.07.2025, indicating that the investigation has been completed. 6. At this stage, learned Senior Counsel appearing for the petitioners submits that the petitioners may be permitted to withdraw the present petition, with liberty to challenge the charge-sheet filed against them, in accordance with law. 7. The prayer so made appears to be fair and reasonable. 8. Accordingly, the present petition is dismissed as withdrawn, with liberty to the petitioners to avail appropriate remedy in accordance with law, if so advised. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu