1 2025:CGHC:24766-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1806 of 2022 Adman Lakda S/o Late Nestor Lakda Aged About 65 Years Retirement Additional Collector, R/o Muhalla-Fundurdihari, Police Station- Gandhi Nagar Tahsil- Ambikapur, District- Surguja, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Superintendent Of Police District - Koria, Chhattisgarh 2 - Station House Officer Police Station - Charcha, District Koria, Chhattisgarh 3 - Madhav Ram Yadav S/o Late Mukund Ram Yadav Aged About 55 Years R/o Premnagar, Police Station - Baikunthpur, District Koria, Chhattisgarh 4 - Mohd. Shakir Husain Ansari S/o J.S. Ansari Aged About 52 Years R/o Premabag, Baikunthpur, District Korea, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Sanjay Pathak, Advocate. For Respondent(s) No. 1 & 2 : Mr. Malay Jain, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 17/06/2025 1. By this petition under Section 482 of the Criminal Procedure Code, 1973, the petitioner seeks quashing of the charge sheet filed in Crime No. 103/2018 registered at Police Station, Charcha, District Koria and the consequential Criminal Case No. 1177/2018 pending before the Chief Judicial Magistrate, Baikunthpur, District Koria. 2 2. The facts in brief, as projected by the petitioner is that the petitioner, in the capacity of Additional Collector, granted permission for sale and purchase in 13 matters, and subsequent to his transfer, the records of the said cases went missing all the orders passed in those cases were challenged in appeals before the appellate Court which were held up as the records were missing. The petitioner did not turn up on the notice upon given by the appellate Court and replied that he was not in possession of the record whereas, co-accused namely Madhav Ram Yadav gave statement that he had handed over the records to the petitioner. 3. Mr. Sanjay Pathak, learned counsel for the petitioner submits that the petitioner was implicated in the alleged commission of offence only on the statement of the co-accused Madhav Ram Yadav who was the Reader and in-charge of the Court for maintaining the records of the Court and all records were in his custody at that time and he had liability of sending the all record of the cases in the record room, so if any record was found missing for which the petitioner not at all liable for which only court Reader was liable for that, because after passing the order, every Presiding Officer clearly mentions that the record be sent to the record room and in the present matter the petitioner has duly discharge his duty honestly and he is not at all involved in the present case, despite that, an FIR was registered against the petitioner for the offences under Sections 477, 409, 34 of the IPC and after completion of the investigation, charge sheet has been filed by the police before the Court of learned Chief Judicial Magistrate, Baikunthpur, which was registered as Criminal Case No. 1177/2018. 4. Mr. 4. Mr. Pathak submits that so far as the record of 13 cases are concerned, the petitioner being the Presiding Officer was not responsible for keeping 3 the records but it was the Reader Madhav Ram Yadav who was responsible for safe keeping of the records. Prima facie, there is no material available on record to establish that the petitioner was guilty in any manner. Hence, the FIR, the charge sheet and the consequential criminal proceedings deserve to be quashed. 5. On the other hand, Mr. Malay Jain, learned counsel for the State/respondents No. 1 and 2 submits that the police has duly investigated the matter and on prima facie disclosing that a cognizable offence is made out against the petitioner, charge sheet has been filed before the learned trial Court and now it is for the Court concerned to proceed with the matter. 6. We have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 7. This petition was filed on 20.10.2022 and the matter was listed for the first time on 07.11.2022 when a learned Single Judge of this Court granted interim relief to the effect that the further proceedings of Criminal Case No. 1177/2018 pending before the CJM, Baikunthpur, shall remain stayed till the next date of hearing. The matter has been pending since then and it is listed for the second time today. Because of the said interim order, the trial of the criminal case has been stalled. 8. In nutshell, the allegation against the petitioner is that he being the Presiding Officer, who had passed orders in 13 different cases, the file have gone missing and the petitioner alongwith the Reader, have been made accused in this case. The investigation has already been done and the matter is subjudice before the learned Chief Judicial Magistrate, Baikunthpur, District Koria. 4 9. The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge- sheet should be exercised sparingly and only in exceptional cases and Courts should not ordinarily interfere with the investigations of cognizable offences. However, where the allegations made in the FIR or the complaint even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the FIR or the charge-sheet may be quashed in exercise of powers under Article 226 or inherent powers under Section 482 of the Cr.P.C. 10. From perusal of the materials available on record, prima facie, it cannot be held that no cognizable offence is made out against the petitioner and as such, this Court is of the view that this is not a fit case where this Court should exercise its powers under Section 482 of the Cr.P.C. and quash the charge sheet including the entire criminal proceedings. 11. As such, this petition is dismissed. However, since the matter is pending consideration before the trial Court concerned, the petitioner may take all the pleas and raise the grounds that may be available to him before the learned trial Court, at an appropriate stage. Consequently, interim relief granted on 07.11.2022 also stands vacated. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.06.19 11:17:27 +0530