1 2025:CGHC:9324-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 671 of 2022 Dr. Sachin Ashok Kale (Petitioner In Person) S/o Shri Ashok Kale Aged About 43 Years R/o Kale Wada, Tilak Nagar , Main Road, Police Station Civil Lines, Bilaspur Chhattisgarh 495001 Mob No. 9425530260, 8770695983 --- Petitioner(s) versus 1. Union of India Through Secretary, Ministry Of Home Affair, North Block, Central Secretariat, Nct, New Delhi 110001 2. Union Of India Through Secretary, Ministry Of Personnel , Grievances And Pensions, 5th Floor, Sardar Patel Bhavan, New Delhi 110001 3. Union Of India Through Secretary, Ministry Of Co-Operative, At OfÏce Of Central Registrar Of Co-Operative Societies, New Delhi – 110001 4. Union Of India Through Secretary, Ministry Of Agriculture, Welfare And Co-Operative , Krishi Bhavan, New Delhi – 110001 5. Union Of India Through Secretary, Ministry Of Finance, North Block, New Delhi – 110001 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.27 10:45:01 +0530 2 6. Central Bureau Of Investigation (C.B.I) 6th Floor, Lodhi Road, Plot No. 5b, Jawahar Lal Nehru Stadium Marg, Cgo Complex , New Delhi 110003 7. Supdt. Of Police Central Bureau Of Investigation, Acb, Vip Road, Near Pts Chowk, Post- Mana, Raipur Chhattisgarh 492015 8. Governor Reserve Bank Of India, R.B.I. Main Building, P.O. Box 901, Shahid Bhagat Singh Road, Mumbai 9. State Of Chhattisgarh Through The Secretary, Law And Legislative Dept, Chhattisgarh Government, Mahanadi Bhavan, Atal Nagar, Naya Raipur Chhattisgarh 10. State Of Chhattisgarh Through The Secretary Of Home, Department Of Home, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur District Raipur , Chhattisgarh 11. State Of Chhattisgarh Through The Secretary Of Finance, Directorate Of Institutional Finance, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur District Raipur , Chhattisgarh 12. State Of Chhattisgarh Through The Registrar, Co-Operative Societies, Directorate / OfÏce Of Registrar Co-Operative Societies, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur District Raipur , Chhattisgarh 13. Director General Of Police Police Head Quarter, Naya Raipur Chhattisgarh 14. Inspector General Of Police (Range Bilaspur) , Near Nehru Chauk, Bilaspur Chhattisgarh 15. Superintendent Of Police Bilaspur, District Bilaspur Chhattisgarh 3 16. Station House OfÏcer Police Of Police Station Tarbahar, Bilaspur City District Bilaspur Chhattisgarh 17. Shri Subrat Roy Sahara Partner Sahara India (Partnership Firm) And Sahara Shri, Sahara India Bhavan, Kapurthala Complex, Aliganj, Lucknow, Uttar Pradesh 18. Managing Director Sahara Credit Co-Operative Society Limited, Sahara India, Bhavan, Kapurthala Complex, Aliganj, Lucknow, Uttar Pradesh 19. Managing Director Star Multipurpose Credit Co-Operative Society Limited, 3rd Floor, Door No. 5-9-15, Infrant Of Telangaa Secretariat, Saifabad, Hyderabad ( Telangana ) 20. Board Of Directors Star Multipurpose Credit Co-Operative Society Limited, 3rd Floor, Door No. 5-9-15, Infrant Of Telangaa Secretariat, Saifabad, Hyderabad ( Telangana ) 21. Board Of Directors Sahara Credit Co-Operative Society Limited, Sahara India, Bhavan, Kapurthala Complex, Aliganj, Lucknow Uttar Pradesh 22. Zonal Chief Sahara Credit Co-Operative Society Limited And Star Multipurpose Credit Cooperative Society, C/o Sahara India, Press Club Bhavan, In Fornt Of Medical Complex, Rajabandha Maidan, Raipur Chhattisgarh 23. Regional Manager Sahara Credit Co-Operative Society Limited And Star Multipurpose Credit Cooperative Society, C/o Sahara India, Aishwarya Bhavan, Near D.P. Vipra Collage, Above Union Bank Of India, Bilaspur Chhattisgarh 4 24. Sector Manager Sahara Credit Co-Operative Society Limited And Star Multipurpose Credit Cooperative Society, C/o Sahara India, Tiwari Complex, Shiv Talkies Chauk, Bilaspur Chhattisgarh --- Respondent(s) CRMP No. 2519 of 2023 Dr. Sachin Ashok Kale (In Person) S/o Shri Ashok Kale Aged About 45 Years R/o Kalewada, Tilak Nagar, Bilaspur, C.G. 9425530260. ---Petitioner(s) Versus 1. Govt. Of Chhattisgarh Through S.H.O. (Taarbahar Police Station), Taarbahar, District : Bilaspur, Chhattisgarh 2. Superintendent Of Police Bilaspur, Chhattisgarh. 3. Rajnish Tiwari S/o (Late) Umesh Tiwari Aged About 40 Years Branch Manager, Sahara Credit Cooperative Society Limited Lucknow And Star Multistate Cooperative Society Limited, Hyderabad, Branch Bilaspur, Shiv Talkizchauk, Tiwari Complex, Tarbahar Chouk, District : Bilaspur, Chhattisgarh 4. Jivraj Singh S/o Unknown Aged About 47 Years R/o Sahara Credit Cooperative Society Limited Lucknow And Star Multistate Cooperative Society Limited, Hyderabad, Chhattisgarh Zone, Near Rajabandha Talab, Press Club Bhavan, Raipur, District : Raipur, Chhattisgarh 5. Managing Director And Board Of Director Sahara Credit Cooperative Society Limited Lucknow, Sahara India Bhavan, Kapurthala Complex, Aliganj, District : Lucknow, Uttar Pradesh 6. Managing Director And Board Of Directors Star Multistate Cooperative Society Limited, Hyderabad, Infront Of A.P. Secretariate, Saifabad, District : Hyderabad, Andhra Pradesh. 5 7. Subrat Roy Sahara S/o (Late) S.C. Roy Aged About 72 Years Sahara India Bhavan, Kapurthala Complex, Aliganj, District : Lucknow, Uttar Pradesh --- Respondent(s) For Petitioner(s) : Dr. Sachin Ashok Kale, petitioner in person For State : Mr. Sangharsh Pandey, G.A. and Mr. Shailendra Sharma, Panel Lawyer For Respondent(s) : Mr. Devershi Thakur, Mr. B.Gopa Kumar, Mr. Sushir Dixit, Advocates Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 24.02.2025 1. Heard Dr. Sachin Ashok Kale, petitioner in person, Mr. Sangharsh Pandey, learned Government Advocate and Mr. Shailendra Sharma, learned Panel Lawyer for respondent / State as well as Mr. Devershi Thakur, Mr. B.Gopa Kumar, Mr. Sushir Dixit, learned counsel for respective respondents. 2. The petitioner has filed WPCR No. 671/2022, praying for following relief:- “10.1 That, the Hon'ble Court may kindly be pleased to allow the writ petition & issue appropriate writ/order/directing any Nodal Agency/ Respondent No./Central Bureau of Investigation, which is not under state authorities Special Commission to register an F.I.R. and investigate the entire matter. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate order directing respondent 6 No. to 06 To IMMEDIATE arrest / take custody of Respondent No. 17, for benefit of justice. 10.3 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.” 3. The petitioner has filed CRMP No. 2519/2023, praying for following relief:- “It is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to call the entire records of court below & allow this Petition / appeal with set-aside the impugned order dated 15/09/2023 in case no. CR.R. 10/2023 passed by 2nd ADJ, Bilaspur&order dated 14/12/2022, passed by Judicial Magistrate First class, Bilaspur (Chhattisgarh) in case no. UR/2022 respectively.” 4. Facts of WPCR No. 671 of 2022 in a nutshell, is that the petitioner is the nominee / depositor of the Sahara credit co-operative society Limited & Star Multi State Co-operative Society limited (Society, hereafter), which is registered under Multistate Cooperative Act 2002 through Central Registrar (Cooperative Society), Ministry of Agriculture, Cooperation & Farmer Welfare, New Delhi. The representative of Society approached the petitioner at his residence and described the various deposit schemes of Society and requested for depositing their savings in various schemes. The petitioner deposited hard earned saving in society schemes, for term deposit, in time bound manner, in his grand-father’s and his wife’s name. The Society issued a deposit bond / promissory note, in favour of grand-father and wife of petitioner. The petitioner after depositing the amount waited for the amount to get matured and 7 thereafter when the amount was matured, they approached the respondent authorities for withdrawal of funds/amounts, whereby they only got assurance from the authorities that they will definitely receive maturity amount, but after a lapse of the long period they again approached the authorities but the authorities never said anything regarding the releasing of the amount. As the petitioners are from the economic weaker group, they are facing financial crises due to not receiving of maturity amount on time. On 10.10.2019, the petitioner reached to the Tarbahar Police station with an application for due investigation of society as they are continuously misleading and lying the facts about the refund of matured amount of petitioner. Petitioner also gave application to Tarbahar Police station with some more facts and finding with necessary supportive documents on 10.06.2020 and 18.06.2020. When no action was taken by the police against the respondents No. 9 to 17, therefore a complaint was filed before the Superintendent of Police Bilaspur on 15.05.2020, but no action was taken by the Superintendent of Police Bilaspur. Petitioner further moved the Inspector General of Police, Bilaspur and Director General of Police, Chhattisgarh, with written application on 08.03.2021 but result was same as above. The petitioner sent application for action against the Sahara Co-operative Society to the Chief Secretary, Chhattisgarh Government on 30.10.2019 and Director of Institutional Finance, Chhattisgarh on 06.11.2019, in person and by post. All the necessary supportive documents were already given from time to time with request to lodge F.I.R. against 8 private Respondents, but no action has been taken. The petitioner drew attention of the concerned police ofÏcers over the circular issued by Home Ministry, Govt. Of India, which has clear guideline on filing of FIR, however, the authorities of the State have overlooked the said circular and no action has been taken against the private respondents. 5. Facts of CRMP No. 2519/2023 in a nutshell is that the petitioner is nominee of his grandfather who has expired. The grandfather of the petitioner had deposited Rs. 50,000/- in Sahara Credit Cooperative Society Limited (respondent No. 3 to 7) (for short, the Society’). Once his grand-father passed away, petitioner approached the society seeking release of the amount deposited by his grandfather. Society earlier refused to pay by making false statements, quoting due to embargo put on SEBI Sahara case, which was pending at Hon’ble Supreme court, they were unable to make the payment. The petitioner thereafter sent legal notice to Society through his counsel, which was still unanswered. The petitioner moved to Taarbahar Police Station with all documentation and complaint to register F.I.R. against Society but even after lapse of long time, petitioner was unable to get the FIR registered against the private respondent. The petitioner contacted various higher police ofÏcials of the State but still, nothing was done. Thereafter, the petitioner moved to the Court of Judicial Magistrate First Class, Bilaspur with an application seeking a direction to the Police to register his F.I.R, but the said application was rejected by the learned JMFC, Bilaspur on 14.12.2022. Challenging the said order, the petitioner 9 moved a revision petition before the Second Additional Sessions Judge, Bilaspur being Criminal Revision No. 10/2023 which also stood dismissed vide order dated 15.09.2023. Thereafter, various representations were made to the Taarbahar Police Station, Bilaspur to show the involvement of Respondents No.03 to 07, in this case. The petitioner moved to Writ Court for issuance to Writ of Mandamus in WPCR 416/2023, which was dismissed as withdrawn with liberty to recourse to law against the order passed by the revisional Court. 6. Learned counsel for the petitioner submits that the impugned judgment dated 15.09.2023 by which the order passed by the learned JMFC, Bilaspur dated 14.12.2022 by which the complaint case of the petitioner has been rejected, is bad in law. The learned trial Court as well as the learned revisional Court have erred in law as well as fact by not registering the complaint of the petitioner when there is ample evidence on record to show that after luring the petitioner for making deposits in various schemes of the private respondents, the grandfather of the petitioner and his wife had made huge investments but after completion of the maturity period, no amount is being returned and as such, this is a case of cheating and defrauding. The learned trial court has failed to fully consider the evidences given by petitioner to Police and the trial Court. The respondent authorities are deliberately not performing their duties to facilitate such private respondents who are involved in huge scams and letting them go off freely. Similar offence has been committed by the private respondents throughout the State as well 10 as the country and as such, it is not expected that local police would take any action against them. The investigation need to be done by a nodal agency in view of the circumstances, the petitioner has no other alternative or efÏcacious remedy except to approach this Hon'ble High Court under Article 226 of Constitution of India. The inaction on the part of the respondent authorities by not registering F.I.R. against the private respondents is illegal, arbitrary and contrary to law. 7. Learned State counsel submits that the present petition as framed and filed by the petitioner is bereft of merit and substance and therefore the same deserves to be dismissed in limine. The petitioner has preferred the petition primarily praying for a direction to the respondent No. 6/Central Bureau of Investigation to register an FIR and investigate the entire matter and further direct the respondents No.1 to 6/Union of India to arrest the respondent No.17. Even the perusal of the relief clause would demonstrate that the relief as sought by the petitioner is only against the respondents No.1 to 6/Union of India as well as CBI and there is no relief sought against the respondents/State. The respondent/State have therefore being arrayed purely as formal parties and neither there is any cause of action alleged by the petitioner against the State respondents nor have the petitioner sought for any relief against the respondent/State. The present petition of the petitioner further deserves to be dismissed on the ground that the issue in respect to the present case is pending adjudication before the Hon'ble Supreme Court as well as the Delhi High Court and therefore the 11 present petition as framed and filed by the petitioner praying for the aforesaid relief is not tenable and thus the same deserves to be dismissed. The Hon'ble Supreme Court in the matter of CBI and Another Vs. Rajesh Gandhi and Another reported In 1997 Cr. L. J. 63 as well as in the matter of Himanshu Kumar and Others Vs. State of Chhattisgarh and Others in WP (Criminal) No. 103 of 2009 reported in 2022 Live Law (SC) 598 wherein it had held that no one can insist that an offence be investigated by a particular agency. 8. So far as the allegation of the petitioner that he had made complaint to the police authorities but no action seems to have been taken, in this regard it is respectfully submitted that the police is duty bound to register FIR on being the complaint discloses the cognizable offence as per provisions of the section 154 of the Code of Criminal Procedure. Upon receiving the complaint made by the petitioner to the Police Station Tarbahar, a preliminary enquiry has been conducted and the statement of the Dilip Kumar Sahu and Rajnish Tiwari employee of Sahara Credit Cooperative Society Limited Lucknow, Branch Bilaspur wherein it is stated that an amount of Rs. 10,01,494/- has been deposited in the account of Rupali Joshi Kale through RTGS on 13/04/2022 in Bank of Baroda and for the rest balance amount the fund has been sought from the higher ofÏce of Sahara and reminders were also issued and further an Utility Service Agreement has been executed between Sahara India and Sahara Credit Cooperative Society and therefore the amount is paid through Sahara India, but on 22/03/2022 the High 12 Court of Delhi has stayed for new investment of Sahara Credit Cooperative Society and previously the Hon'ble Supreme Court has put embargo upon the Sahara Group and therefore the payment could not be released timely to the petitioner. Thus the contention of the petitioner is denied that the police authorities are not taking any action upon the complaint lodged by the petitioner. 9. So far CRMP No. 2519/2023 is concerned, learned State counsel submits that it is contended by the petitioner, that he is the nominee of his Late grandfather, who deposited Rs. 50,000/- (Rs. Fifty Thousand Only) in Sahara Credit Cooperative Society Limited (Represented by Respondent No. 3 to 7 hereafter called "Society" in short). The petitioner approaches the society to get back his grandfather's deposit. The Society earlier refused to pay by making false statements, quoting due to Embargo Put on SEBI Sahara case, which was pending at Hon'ble Supreme Court they were unable to pay. After exercising all efforts when the present petitioner failed to recover the amount from the respondents society he prefers complaint under section 156(3) of Cr.P.C. before the learned Judicial Magistrate First Class, Bilaspur, District Bilaspur (C.G.) and after considering the application to its entirety the learned Judicial Magistrate First Class, Bilaspur (C.G.) has dismissed the complaint preferred by the present petitioner vide its order dated 14.12.2022. Aggrieved by that the present petitioner preferred a criminal revision before the learned Additional Sessions Judge, Bilaspur, District Bilaspur (C.G.) registered as Criminal Revision Case No. 10/2023 and court while exercising its 13 Revisional Jurisdiction dismissed the aforesaid revision vide order dated 15.09.2023. The present petitioner now prefers the instant petition under section 482 of Cr.P.C. seeking the judicial interference to the orders of the trial Court. At the very outset, it is submitted that the present petition is not maintainable on the ground of availability of efÏcacious alternative remedy by way of preferring the complaint case under section 200 of Cr.P.C. and the present petitioner without availing the efÏcacious alternative remedy preferred the instant petition. It is well settled law that extra ordinary jurisdiction can be invoked for the extra ordinary considerations and the petitioner failed to demonstrate any such circumstances therefore the present petition is liable to be dismissed on the availability of the efÏcacious alternative remedy. In the present case, the petitioner is challenging the orders dated 15.09.2023 and 14.12.2022 and both the orders have been passed by the trial Courts under authority of law while exercising their respective judicial discretion and therefore the answering respondents restrain itself to comment over the merit of the judicial orders. In the light of the aforesaid submissions made herein above, the the instant petition is liable to be dismissed. 10. We have heard learned counsel for the parties and perused the documents appended with petition. 11. Perusal of the records in CRMP No. 2519/2023 goes to show that learned revisional Court while dismissing the revision of the petitioner and affirming the findings of the learned trial Court 14 wherein it was observed that it was noteworthy that the powers of revision can be exercised only when the order passed by the Trial Court contains an error, is illegal or the order is unjustified or an irregularity has been committed in passing the order. After examining the application submitted in the unregistered complaint filed by the revisionist under Section 156 (3) Cr.P.C. and the investigation report received from Police Station Tarbahar, the revisional Court held that the order passed by the trial court appears to have been passed reasonably and appropriately and there does not appear to be any kind of impurity and illegality in the order passed. Therefore, the learned revisional Court upheld the order 14.12.2022 passed by the learned trial Court. It has rightly been observed by the learned trial Court that there exists no material on record so as to hold that the respondent-Sahara Cooperative had deceived the petitioner and that they had realised the amount from the petitioner fraudulently and neither any document was filed with regard to the scheme details in which the petitioner had invested the money. 12. In view of the submissions made by learned counsel for the parties in CRMP No. 2519/2023, this Court is of the view that the learned trial Court and learned revisional Court has rightly passed the order dated 15.09.2023 and 14.12.2022, wherein there does not appear to be any kind of infirmity or illegality, warranting interference by this Court. 15 13. Now reverting back to the submissions made be learned counsel for the parties in WPCR No. 671/2022 and relying upon the judgment passed by the Hon’ble Supreme Court in the matter of Rajesh Gandhi (Supra) and Himanshu Kumar (Supra), wherein the Hon’ble Apex Court has held that an aggrieved person can only claim that the offence he alleges be investigated properly, but he has no right to claim that it be investigated by any particular agency of his choice, and the submission of the State counsel, it appears that on receiving the complaint made by the petitioner to the Police Station Tarbahar, a preliminary enquiry was conducted and the statement of the Dilip Kumar Sahu and Rajnish Tiwari employee of Sahara Credit Cooperative Society Limited Lucknow, Branch Bilaspur were recorded, thus the contention of the petitioner is not substantiated that the police authorities have not taken any action upon the complaint lodged by the petitioner. 14. Accordingly, both the above petitions being devoid of merit are liable to be and are hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet