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2025:CGHC:11945-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1292 of 2021 Ramdhani Yadav S/o Shri Sukhlal Yadav Aged About 40 Years R/o Village Bahrasi, Janakpur, Tahsil Bharatpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Janakpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 2 - Govind S/o Shri Late Gopali Ram Prajapati Aged About 60 Years R/o Village Bahrasi, Tahsil Bharatpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 3 - Madhav S/o Late Dallu Panika Aged About 60 Years R/o Village Bahrasi, Tahsil Bharatpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh
... Respondent(s) (Cause title taken from Case Information System) For Petitioner : Mr. Vinayak Sharma, Advocate For Respondent/State : Mr. Shaleen Singh Baghel, Dy. G.A.
Digitally signed by VEDPRAKASH DEWANGAN
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Shri
Ramesh Sinha, Chief Justice
Hon'ble
Shri R
avindra Kumar Agrawal
, Judge
Order on Board Per
Ramesh Sinha, C.J.
11/03/2025
1. The present CRMP has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR bearing Crime No. 59 of 2021 for the offences punishable under Sections 420, 467, 468, 471, 34 of IPC registered at Police Station Janakpur, District Koriya (C.G.) dated 24.05.2021.
2. The petitioner has filed the present petition with the following prayer:-
“It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petition and quash the impugned FIR against the petitioner pursuant to impugned FIR bearing crime no.59/2021 for the offences punishable U/s 420, 467, 468, 471, 34 of I.P.C at P.S.- Janakpur, Dist: Koriya (CG), in the interest of justice accordingly.”
3.
Learned counsel appearing for the State would submit that in compliance of the order dated 25.02.2025, the Collector-cum-District Magistrate has filed his personal affidavit, the contents of which are reproduced hereinunder:-
“I, D. Rahul Venkat, aged about 39 years, S/o Shri D. Narsimha Swamy, presently posted as-The Collector Manendragarh-Chirmiri-Bharatpur, District MC.B. Chhattisgarh, do hereby solemnly affirm on oath and declare as under:-
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1. That, I am presently posted as the Collector, District- Manendragarh-Chirmiri-Bharatpur (for short MCB) Chhattisgarh, and as such I am aware of the
facts and circumstances of the case. 2. That, 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 punctually obeyed. 3. That, the present petition came before this Hon'ble Court on 25.02.2025 and this Hon'ble Court directed the deponent herein i.e. District Magistrate M.C.B. to file his personal affidavit calling upon an explanation from the concerned Tehsildar as to how he did not respond to the query made by the investigating officer vide letter dated 20.04.2023 (Annexure A/4) attached with the affidavit filed on behalf of the Director General of Police, State of Chhattisgarh and what action has been taken against the said Tehsildar. 4. That, it is respectfully submitted that the deponent herein, has issued a show-cause notice dated 03.03.2025 to the then Tehsildar namely Manharan Singh Rathia as to why the relevant information was not provided by him to the police authorities. Copy of the show-cause notice 03.03.2025 is being filed
4 / 5 herewith as ANNEXURE A/1. Similarly another show- cause notice was issued to the then tehsildar namely Shri Viplav Shriwastava vide notice dated 28.02.2025. A copy of the show-cause notice dated 28.02.2025 is being filed herewith as ANNEXURE-A/2 for the kind reference of this Hon'ble Court. It is submitted that thereafter, the concerned Tehsildar replied to the said letter and after considering his reply the deponent herein has imposed minor penalty of 'censure' upon the concerned Tehsildar. Copy of the order imposing punishment dated 03.03.2025 is being filed herewith as ANNEXURE A/3. 5. That, it respectfully submitted that the information sought by the police authorities have been supplied to the SHO P.S.-Janakpur, District- MCB (C.G.) vide letter dated 22.02.2025 by the concerned Tehsildar, District MCB (C.G.). Copy of the information provided vide letter dated 22.02.2025 is being filed herewith as ANNEXURE A/4. 6.
That, it is respectfully submitted that the deponent herein has highest regards and immense 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. 7. That, the contents of this affidavits have been drafted according to my instructions and the contents thereof are true and correct to the best of my personal knowledge and belief, based on the official records.”
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4.
Learned counsel appearing for the State would submit that against the Tahsildar, who failed to provide the information asked by the investigating officer, after due process of law, censor has been awarded to him by the Collector on 03.03.2025. A copy of the same has been annexed as Annexure A-2. He would further submit that the information has been furnished by the Tahsildar to the Investigating Officer and police report will be filed very soon.
5. Considering the facts & circumstances of the case, the submissions advanced by learned counsel for the State and nature of dispute, we direct the Investigating Officer-respondent No.1 of the present case to conclude the investigation of the present case and submit a police report under Section 173(2) of the CrPC (Now Section 193(3) of the BNNS) before the Magistrate concerned expeditiously, in accordance with law, if already not concluded, preferably within a period of six weeks from today.
6. With the aforesaid direction, the present petition stands disposed off. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved