Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:43488-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2672 of 2025 1 - Samir Chandra Suman S/o Late Shri Harendra Prasad, Aged About 61 Years (Wrongly Mentioned As Samirchand Suman, S/o. Shri Harendra Prasad Suman In Annx. P/1, P/2, P/3, P/5), R/o. H. No. C-60, Near Mgm High School, Gayatri Nagar, Shankar Nagar, Raipur, District - Raipur, Chhattisgarh. 2 - Jasvindar Singh Gurudatta, S/o. Shri Gurubhej Singh Gurudatta, Aged About 43 Years (Wrongly Mentioned As Gurubhed Singh Gurudutta In Annx. P/1, P/2, P/3, P/5), R/o. Near Gurudwara, Shyam Nagar, Telibandha, Raipur, District- Raipur, Chhattisgarh.
... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, C.G. 2 - Superintendent Of Police, Raipur, District Raipur, Chhattisgarh 3 Officer-In-Charge, Police Station City Kotwali, Raipur, District Raipur, Chhattisgarh 4 - Mr. S. N. Tiwari, Inspector, Posted At Police Station - City Kotwali, Raipur, District- Raipur (C.G.)
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Dr. Sudeep Agrawal along with Mr. Vivek Kumar Agrawal, Advocate JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.29 10:17:54 +0530
2 For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board Per
Ramesh Sinha, Chief Justice
28/08/2025
1. The instant CRMP has been filed under Section 528 of the BNSS with the following prayer :- 1) That this Hon'ble Court be pleased to quash the impugned First Information Report bearing Crime No.94 of 2019 registered at Police Station Kotwali, Raipur, District Raipur on 27/02/2019 for alleged offences punishable under Sections 417, 420, 467, 468, 471, 472, 511 and 120-B of the Indian Penal Code, 1860 so far as it relates to the petitioners. (2) This Hon'ble Court be further pleased to quash the impugned Charge Sheet bearing No.18/21 submitted on 29/01/2021 before the Learned Judicial Magistrate First Class, Raipur consequent to the impugned First Information Report so far as it relates to the petitioners. Copy of impugned charge sheet containing the impugned FIR is ANNEXURE P-1. (3) That this Hon'ble Court be pleased to quash the
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order dated 30/01/2021 passed by the Learned Judicial Magistrate First Class, Raipur in Criminal Case No.1348/2021 whereby the Learned JMFC has taken cognizance of the case on the basis of the impugned Charge Sheet so far as it relates to the petitioners. (4) This Hon'ble Court be further pleased to quash the impugned order dated 22/03/2025 whereby the Learned JMFC has framed the charges against the petitioners for alleged offences punishable under Sections 417, 420, 467, 468, 471, 472, 511 and 120-B of the Indian Penal Code, 1860 so far as it relates to the petitioners. (5) This Hon'ble Court be further pleased to quash the impugned charges framed against the petitioners for alleged offences punishable under Sections 417, 420, 467, 468, 471, 472, 511 and 120-B of the Indian Penal Code, 1860 (ANNEXURE P-3). (6) That this Hon'ble Court be further pleased to quash the entire proceedings of the Criminal Case No.1348/2021 "State of Chhattisgarh vs. Jahid Khan and Others" so far as it relates to the petitioners. Copy of entire order sheets of the Criminal Case
4 No.1348/2021 "State of Chhattisgarh vs. Jahid Khan and Others" pending before the Learned Judicial Magistrate First Class Raipur, District Raipur, C.G. containing the impugned order dated 30/01/2021 whereby cognizance was taken and the impugned
order dated 22/03/2025 whereby charges have been framed against the petitioners is ANNEXURE P-2. (7) That this Hon'ble Court be pleased to pass such other orders as it may deeni fit under the facts and circumstances of the case, in favour of the petitioners, in the interest of justice. 2. Facts of the case is that an FIR was lodged alleging that Samir Travels Raipur and Khalsa Travels Raipur had provided transport vehicles to the BSF, Bhilai for Naxal Ops Duty. It is alleged that Samir Travels Raipur had provided its two vehicles (1) Scorpio bearing Registration No.CG 04 XW 9422 and (2) Innova bearing Registration No.CG 04 LX 1994. Similary, Khalsa Travels Raipur had provided its vehicle Innova Crysta bearing Registration No.CG 04 LY 1901 and the aforesaid vehicles were provided for the period from 01/05/2018 to 31/05/2018, 01/06/2018 to 30/06/2018 and then from 01/07/2018 to 31/07/2018. Drivers of the aforesaid vehicles were given diaries to maintain the records of distance travelled and the fuel consumption. It is alleged that in those driver diaries, forged entries were made and forged seals
5 were marked and thus the excess amount was obtained by the accused persons from the Police Department by playing fraud. It is alleged that the Petitioner No.1 namely Samir Chand Suman is the owner of Samir Travels and Petitioner No.2 namely Jasvinder Singh Gurudatta is the owner of Khalsa Travels and the other accused persons are the drivers. It is alleged that Khalsa Travels has submitted forged bill of Rs.3,49,760/- and Samir Travels has submitted forged bill of Rs. 2,40,538/-and 1,03,818/-. Based on these allegations, the charge sheet was submitted after usual investigation. 3. Learned counsel for the petitioners would submit that they have been falsely implicated in the present case. He further submits that the allegations made against the petitioners are patently false, frivolous and vexations merely with the malicious intention to affect the social image of the petitioners. He further submits that the entries were made by the driver of the vehicles and on monthly basis the bills were prepared by the petitioners and after due verification the bills were passed. He further submits that there is delay in lodging the FIR and the same has not been explained and further prays for quashment of the charge sheet and the further proceedings. 4.
Per Contra, learned State counsel would oppose the submission made by the learned counsel for the petitioner. He would submit that in the case in hand, which is relating to forgery and cheating,
6 the charge-sheet has already been filed before the concerned competent court and charges have been already framed hence, the charge sheet cannot be quashed at this juncture. 5. We have heard learned counsel for the parties and perused the documents. 6. Prima-facie, this Court found that the petitioner has come up before this Court for quashment of charge sheet. From bare perusal of the pleadings and the documents, it is evident that the matter relates to claim of excess amount by raising forgery bills from public exchequer. It is further noted that the charge sheet has already been filed and the charges has been framed. At this stage, this court found that it is not a fit case where any interference can be made by this court. Therefore, this Court does not find any good ground to quash the charge sheet. However, it is obligatory that the trial be brought to a logical end expeditiously. 7. In that view of the matter, the CRMP is dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti