1 2025:CGHC:39780-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 440 of 2025 Pankaj Shrivastav S/o Late Rameshwar Shrivastava Aged About 39 Years Profession Business, R/o Kalibadi Road, In Front Of State Bank, Haldi Badi Chirmiri, Police Station Bada Bazar Chirmiri, Tehsil Chirmiri, Post Haldi Badi, District M C B, C.G. Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home Affairs, Police Head Quater, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - The Director General Of Police Police Head Quater, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 3 - The Inspector General Of Police Surguja Division, Ambikapur, District- Surguja, Chhattisgarh. 4 - The Senior Superintendant Of Police Surguja, Ambikapur, District- Surguja, Chhattisgarh. 5 - Police Station Gandhinagar, Ambikapur Through S H O, Police Station Gandhinagar, Ambikapur, District- Surguja, Chhattisgarh. 6 - Police Station Ambikapur Through S H O, Police Station, Ambikapur, District- Surguja, Chhattisgarh. 7 - Dinesh Kumar Singh S/o Ramadhar Singh Aged About 56 Years Profession By Advocate, R/o In Front Of Mishra Hotel, Gandhinagar, Behind Holy Cross RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.08.08 18:35:52 +0530 2 School, Banaras Road, Ambikapur, Police Station Gandhinagar, Tehsil And Post Ambikapur, District- Sarguja, Chhattisgarh. 8 - Smt. Chandramani Devi Kushwaha D/o Late Laxman Kushwaha, W/o Dadan Ram Kushwaha Aged About 63 Years R/o Ward No. 03, Dairy Farm Road, Gandhinagar, Ambikapur, Police Station Gandhinagar, Post And Tehsil Ambikapur, District- Sarguja, Chhattisgarh. 9 - Smt. Kalawati Kushwaha D/o Late Laxman Kushwaha, W/o Late Devnath Kushwaha Aged About 67 Years R/o House No. 65, Devlapara, Bhaiyathan, Police Station And Tehsil And Post Bhaiyathan, District Surajpur, C.G. 10 - Ravikant Singh S/o Late Shri Narendra Singh Aged About 43 Years Profession Sale And Purchase Of Land R/o Pratappur Road, Village Sargawa, Ambikapur, Post Sakalo, Police Station Gandhinagar, Tehsil Ambikapur, District- Sarguja, Chhattisgarh. Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Sajal Kumar Gupta, Advocate For State : Mr. Prafull N. Bharat, Advocate General along with Mr. S.S. Baghel, Dy. GA Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 08/08/2025 1. The instant Writ Petition, filed under Article 226 of the Constitution of India seeks for following reliefs;- “(i) That, the Hon’ble Court may kindly be pleased to issuance of writ of Mandamus or any other appropriate writ/directions to Respondent authorities, particularly the Station House Officer, Police Station Gandhinagar, District Surguja (CG), to expeditiously complete the investigation 3 and file the charge sheet in FIR No. 26.11.2018 344/2018 dated in Police Station Gandhinagar, District Surguja (CG), registered under Sections 420 and 34 of the IPC (ii) Any other relief, which this Hon'ble court deems, fit in the facts and circumstances may also be granted in favor of the petitioner. ”. 2. (a) The case of the petitioner is that on 03.10.2018, the petitioner lodged a complaint at Police Station Jainagar, District Surajpur (C.G.), alleging that Mrs. Chandramani Kushwaha, Mrs. Kalawati Kushwaha, Bharat Singh Sisodiya, Neeraj Prakash Pandey, Rajesh Singh, Ravikant Singh, Dinesh Singh, Nilesh Singh, and Rajiv Agarwal, who are the private respondents in the present case, fraudulently obtained a sum of Rs.26,48,000/- from him under the pretext of transferring two acres of agricultural land situated at Village Bhagwanpur Khurd in his name. (b) Further case of the petitioner is that upon receipt of the said complaint, the Superintendent of Police, Surajpur, constituted an investigation team led by the Sub-Divisional Officer of Police, Surajpur. After due inquiry, Police Station Jainagar registered Crime No.344/2018 dated 26.11.2018 for the offences punishable under Sections 420 and 34 of the Indian Penal Code (IPC) against the aforementioned private respondents. Learned counsel for the petitioner would submit that pursuant to the reorganization and bifurcation of the jurisdictional areas between District Surajpur and District Surguja during 2018-19, the area pertaining to the alleged transaction came within the jurisdiction of Police Station Gandhinagar, District Surguja (C.G.), and consequently, 4 Crime No.344/2018 was transferred to Police Station Gandhinagar, District Surguja (C.G.). Despite the lapse of several years, Police Station Gandhinagar has failed to conclude the investigation or file a charge- sheet before the competent Court in Crime No. 344/2018. The petitioner is stated to have made several representations to the police authorities, including letters dated 25.07.2022, 13.10.2022, 06.06.2024, and 18.07.2025, requesting expeditious completion of the investigation and filing of the charge-sheet. However, no charge-sheet has been filed. (c) This Court vide order dated 01/08/2025 directed he Superintendent of Police, Surguja (Ambikapur) to file a personal affidavit explaining the reasons for the inordinate delay in bringing the investigation in Crime No. 344/2018, pertaining to offences under Sections 420 and 34 IPC, to its logical conclusion, despite repeated representations made by the petitioner since the year 2022. 3. Pursuant to the order of this Court, the Superintendent of Police Surguja filed his affidavit, wherein, it has been stated as under:- “(ii) It is respectfully submitted that, in connection with the aforesaid Crime No. 344/2018 the challan was prepared by the concerned Investigating Officer on 21.11.2019, however, due to inadvert mistake it could not be filed before the concerned court. It is further respectfully submitted that the challan has been filed before the court of learned Chief Judicial Magistrate, Ambikapur, District Surguja (CG) vide Challan No. 252/2019 on dated 04.08.2025. Copy of the relevant part of charge sheet is filed and 5 marked herewith as ANNEXURE A-1 for kind perusal of the Hon'ble Court. (iii) That, it is respectfully submitted that, in compliance of the order dated 01.08.2025 passed by this Hon'ble Court the present affidavit is being filed herewith. It is respectfully submitted that the deponent herein has called for an explanation from the concerned Station House Officers (at the relevant time) of the case in Crime No. 344/2018 asking for the explaining the reasons for delay in completion of the investigation vide letter dated 01.08.2025. Copies of the letters dated 01.08.2025 are filed and annexed herewith collectively as ANNEXURE A-2 collectively, for the kind reference of this Hon'ble Court. It is submitted that the concerned Station House Officers have given their explanation/reply. (iv) It is respectfully submitted that, pursuant to the aforesaid letter dated 01.08.2025 the concerned SHOs have submitted their explanation/reply before the Deponent. Copies of the explanations/replies are filed and marked herewith as ANNEXURE A-3. (v) That, it is respectfully submitted that the deponent herein not being satisfied with the explanation of the SHOs have imposed punishment of "censure" upon the concerned Investigating Officers/SHOs vide order dated 04.08.2025. Copies of the order dated 04.08.2025 are collectively filed and marked herewith as ANNEXURE A-4 for kind perusal of the Hon'ble Court. 6 (vi) It is respectfully submitted that the Senior Superintendent of Police, Surguja has also passed the order dated 04.08.2025 has imposing punishment of 'Displeasure' upon the concerned SHOs (presently working as Deputy Superintendent of Police) namely Anup Ekka and concerned SHO (presently working as SDO (Police) namely Subham Tiwari vide order dated 04.08.2025. Copy of the order dated 04.08.2025 is filed and marked herewith as ANNEXURE A-5.” 4. From perusal of the aforesaid affidavit, it goes to show that due to inadvertent mistake, the challan, though was prepared, but could not be filed before the competent Court, however, now it has been filed before the Court of CJM, Ambikapur on 04/08/2025 vide Annexure-A/1. The affidavit further shows that in respect of the lapses committed on the part of the concerned Investigating Officer, the explanations were called and on being not satisfied with the same, the Superintendent of Police has imposed the punishment of censure and displeasure. 5. At this juncture, learned counsel for the petitioner would submit that since the charge-sheet has been filed before the competent court on 04/08/2025, this petition may be disposed of. 6. In view of the above, this Writ Petition is disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri