1 2025:CGHC:38239-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 439 of 2025 S.K. Nivasarkar S/o S. C. Nivasarkar Thakur Aged About 58 Years R/o 738, Sindhiya Nagar, Kali Badi Mandir, District Durg, C.G. ... Petitioner(s) versus 1 State Of Chhattisgarh Through - Secretary Department Of Home Affaires Mantralaya Atal Nagar Raipur District Raipur, C.G. 2Superintendent Of Polic District Bemetara, C.G. 3 Station House Officer Police Station Nawagadh, District Bemetara, C.G. ... Respondent(s) For Petitioner : Mr. Abhinav Tiwari, Advocate. For Respondents/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 Per Ramesh Sinha , Chief Justice 04.08.2025 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.08.05 11:00:26 +0530 2 1. Heard Mr. Abhinav Tiwari, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, Dy. G.A. appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: 10.1) That, the Hon'ble court be pleased to call the entire record pertaining to the case of petitioner from the respondent authority. 10.2) That, the Hon'ble court may kindly be issue an appropriate Write or passed order for quashing F.I.R. No. 0239 dated 11.07.2024 for offence U/s 420,467,468,471,120-B of I.P.C. Lodged at police station Nawagadh, Bemetra District Bemetra (C.G.) against the petitioner. 10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted. 3. The brief facts of the case is that an FIR No. 0239 dated 11.07.2024 under Section 420, 467, 468, 471, 120-B of the IPC at police Station Nawagadh District Bemetra C.G was registered against four persons including the present petitioner regarding obtaining loan from the bank by submitting forged documents. Further, allegation against the present petitioner was that he has issued utilization 3 certificate to the co-accused on the basis of which the first installment of Rs. 9,00,000/-, second installment of Rs. 9,00,000/- and last installment of Rs. 7,00,000/- was sanctioned to the co-accused for building of warehouse. 4. Learned counsel for the petitioner submits that the allegation against the petitioner that he has issued the utilization certificate is false as the same was issued by the Branch Manager of the concerned Bank and in this regard he has not played any role. He further submits that he has been falsely implicated and no offence is made out. He further prays that the FIR against the present petitioner be quashed. 5. On the other hand, learned counsel for the State opposes the arguments made and submits that the matter relates to fraud and required investigation. 6. We have heard learned counsel for the parties and perused the documents appended in the petition. 7. From bare perusal of the pleadings and the documents appended in the petition, it is manifest that the matter relates to obtaining loan by submitting false documents and cheating. Prima-facie, this Court found that the petitioner has come up before this Court for quashment of FIR. From bare perusal of the FIR, pleadings and the documents, it is evident that the allegation against the petitioner is that, he had issued utilization certificate on the basis of which the final installment of loan was released and huge amount was involved which requires thorough 4 investigation, therefore, at this stage, this Court does not find any good ground to quash the FIR. However, it is obligatory that the trial be brought to a logical end expeditiously. 8. In that view of the matter, the WPCR is dismissed, at the motion stage itself. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar