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2025 DAILYLAW 37719 (CHH)

DAYAL SINGH v. STATE OF CHHATTISGARH

CRMP/2453/2025 · 2025-08-05

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:39045-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2453 of 2025 Dayal Singh S/o Late J.P. Singh Aged About 46 Years R/o Majgaon Road, Near Little Flower School, Village - Saigona, Police Station - Kawardha, District - Kabirdham Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kawardha, District - Kabirdham Chhattisgarh 2 - Yogdas Sahu S/o Late Gurucharan Sahu Aged About 59 Years Address - Office Of District Education Officer, Kawardha, District - Kabirdham Chhattisgarh ... Respondents For Petitioner : Mr.Dharmesh Shrivastava, Advocate For Respondent No.1 : Mr.Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 6.8.2025 1. Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner as well as Mr.Malay Jain, learned Panel Lawyer for BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.08.06 17:54:08 +0530 2 respondent No.1/State. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings in Criminal Case No. 384/2025 pending before the learned Chief Judicial Magistrate, Kawardha, District - Kabirdham (C.G.) and order dated 25.02.2025 thereby the Magistrate has taken cognizance and the Final Report No. 47/2025 dated 23.02.2025 and FIR bearing Crime No. 720/2024 registered at Police Station Kawardha, District Kabirdham (C.G.) under Section 336(3), 338, 340(2) of Bharatiya Nyaya Sanhita, 2023 and also quash the charges framed by the learned Trial Court i.e. learned Judicial Magistrate First Class, Kawardha, District Kabirdham (C.G.) vide order dated 16.04.2025 for the aforesaid offence and further be pleased to discharge the applicant, in the interest of justice.” 3. In the present case, complainant Yogdas Sahu / respondent No.2 lodged a written report at the Police Station Kawardha alleging inter-alia that on 19.09.2024, Dayal Singh (petitioner herein), a lecturer at Government High School, Bendarchi, Block Bodla, District Kabirdham personally appeared at the office and presented a letter from the Chhattisgarh Government, School Education Department, Raipur dated 19.07.2024. The letter 3 mentioned the appointment of Dayal Singh as the In-Charge Block Education Officer, Bodla, District Kabirdham (CG) and thereby committed forgery. 4. In the present case, the petitioner has already been suspended by the Commissioner, Durg Division, Durg vide order dated 13.12.2024 and the present petition has been filed by the petitioner only on 23.07.2025 without disclosing the said fact in this petition and after query being made from learned State Counsel about the same, he has produced the said order, which is taken on record. 5. In that view of the matter, the present petition is dismissed on this ground alone. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu