1 2025:CGHC:42892-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2643 of 2025 1 - Sahdev Kumar Roy S/o Late Shri Sukhlal Roy Aged About 50 Years R/o Gram Sisringa, Tehsil And Police Station- Dharamjaigarh, District- Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The District Magistrate, District- Raigarh, Chhattisgarh. 2 - Station House Officer Police Station, Dharamjaigarh, District- Raigarh (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Harshmander Rastogi, Advocate. For Respondent(s) : Shri Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 25.08.2025 1. The present Cr.M.P. has been filed with the following prayer:- SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.08.25 17:57:05 +0530 2 That this Hon’ble Court may graciously be pleased 1. To Kindly quash Entire charge sheet bearing no. 87/2024 dated 18.04.2024 [ANNEXURE P/1 Colly] filed against the Applicant under section 409 r/w 34 of Indian Penal Code, 1860 including F.I.R. bearing crime No. 38/2024 and, 2. To Kindly quash the Impugned Order dated 01.08.2025 passed by Additional Sessions Judge, Gharghoda [ANNEXURE P/2] in Criminal Revision No. 06/2024 and, 3. To Kindly quash the Impugned Order dated 02.05.2024 passed by Judicial Magistrate First Class, Dharamjaigarh [ANNEXURE P/3] for offences under section 409 r/w 34 of Indian Penal Code, 1860 registered at Police Station Dharamjaigarh, District Raigarh, Chhattisgarh so far as the Applicant is concerned in in Criminal Case No. 74/2024 along with subsequent criminal proceedings. 4. Pass any such other and further orders as this Hon'ble Court may deem just, fit and proper in the interest of justice. 2. The Petitioner, a public servant and resident of Sisringa, Dharamjaigarh, was earlier posted as Society Manager at Sisringa Cooperative Society and was transferred on 3 02.11.2023 to Laripani along with other employees due to complaints regarding past paddy procurement, where he duly joined on 09.11.2023. Subsequently, on 23.01.2024, FIR No. 38/2024 was registered at Police Station Dharamjaigarh on the complaint of the Food Inspector alleging that two trucks loaded with paddy were diverted to Sisringa Procurement Center for undue profit, in which the petitioner was implicated along with others, and after investigation a charge sheet was filed. On 02.05.2024, charges under Section 409/34 IPC were framed against him by the Trial Court. The Criminal Revision No. 06/2024 challenging the same was dismissed on 01.08.2025 by the Sessions Court on the basis of oral complaints and alleged video footage. Meanwhile, the petitioner was granted bail by this Court in MCRC No. 2481 of 2024 on 25.04.2024, and after completion of the procurement process at Laripani he rejoined his duties at Sisringa on 19.05.2024 by intimating the competent authority. 3. Learned counsel for the petitioner would submit that there is no criminal breach of trust as the petitioner is not entrusted with any trust or contract in the said society as he was already transferred from the place when the alleged incident taken 4 place . He further submits that petitioner is on official duty and thus being the public Servant, before proceeding on the said charges the sanction U/s 197 of Cr.P.C. from the concerned authority is required, however the same was not being complied, which was also not taken into consideration while rejecting the criminal revision by the learned Additional Sessions Judge. He would further submit that the transfer order dated 02.11.2023 issued by the Collector, Food/Cooperatives, District Raigarh, categorically demonstrates that the petitioner stood relieved from Sisringa Cooperative Society and was posted at Adimjati Cooperative Society, Laripani, where he duly joined on 09.11.2023. Thus, on the date of the alleged incident i.e., 21.01.2024, the petitioner had no administrative or functional control over the Sisringa Paddy Purchase Center. In absence of any official capacity or responsibility at Sisringa, fastening criminal liability upon the petitioner is arbitrary, perverse, and unsustainable in law, and the continuation of proceedings against him amounts to abuse of process of Court. He lastly submits that petitioner has already been granted bail. 5 4. Learned counsel for the respondent opposes the submission advanced by the learned counsel for the petitioner. 5. We have heard learned counsel for the parties and perused the documents. 6. Having considered the rival submissions and perused the record, the allegations against the petitioner are subject matter of a trial. At this stage, while dealing with a challenge to the order framing charge, a detailed evaluation of evidence or appreciation of defence pleas is not permissible. The contentions raised by learned counsel for the petitioner that at the relevant point of time he was not posted at the Paddy Center as he was transferred elsewhere and sanction under Section 197 Cr.P.C. has not been taken, the ground which has been raised by the learned counsel for the petitioner could not be adjudicated at this stage. Hence, this Court is not inclined to interfere. 7. The petition, being devoid of merit, is hereby dismissed. 8. No order as to costs Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib