SMT. AMITA SAMBHARKAR AND ANOTHER v. STATE OF CHHATTISGARH AND ANOTHER
CRMP/2350/2019 · 2025-07-07
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40968 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40968 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:31243-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2350 of 2019 1 - Smt. Amita Sambharkar And Another W/o Pankaj Sambharkar Aged About 34 Years R/o Near Buddh Vihar, Chhota Ashok Nagar, Behind Dal Mill, Gudhiyari Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Pooja Paitaney W/o Santosh Paitaney Aged About 40 Years R/o Gudhiyari Tahsil And District Raipur Chhattisgarh....(Accused), District : Raipur, Chhattisgarh
Applicants(s) Versus 1 - State Of Chhattisgarh And Another Through The Police Station Rajendra Nagar, District Raipur Chhattisgarh...(Prosecution), District : Raipur, Chhattisgarh 2 - Dr. Arvind Jain S/o Shri Dr. B.C. Jain Aged About 34 Years R/o 20 Mahavir Nagar, Ravigra, Raipur, District Raipur Chhattisgarh....(Complainant), District : Raipur, Chhattisgarh
Respondent(s) (Cause-title taken from Case Information System) For Applicant(s) : Mr. Puneet Ruparel, Advocate For Respondent(s) : Mr. Shaqib Ahmed, PL Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per
Ramesh Sinha, Chief Justice
08/07/2025
1. The instant CRMP filed under Section 482 of the Cr.P.C seeks quashment of FIR bearing Crime No. 0356/2019, P.S. Rajendra Nagar, RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.07.08 18:11:07 +0530
2 Raipur dated 14/10/2019 registered against the applicants for the offences under Section 384/34 of the IPC, on the ground of false implication. 2. At the very outset, learned counsel for the applicant submits that in the FIR lodged by the present applicants against the Complainant for the offence punishable under Section 376 & 354 of the IPC, a closure report has been filed, however, the same has not been accepted. So far as present FIR is concerned, it has been lodged just after three weeks of the FIR lodged by the applicants against the Complainant to counter the same. He would submit that in the present case, the Investigation Officer is yet to file closure report. 3. Per Contra, learned counsel for the State, though does not oppose the fact regarding lodging of FIR against the complainant, submits that investigation is going on. 4. We have heard learned counsel for the parties. 5.
Having considered the rival submissions made by the counsel for the parties and the fact that there are counter FIRs against each other, this Court is of the opinion to direct the concerned Investigating Officer to conclude the investigation and submit the report under Section 173 (3) of the Cr.P.C in respect of the subject FIR within a period of 6 weeks. 3
6. Accordingly, the Cr.M.P is disposed of with the aforesaid directions. However, the interim order granted earlier vide order dated 19/12/2019 shall remain operative and the applicants shall not be arrested for a period of six weeks. Sd/- Sd/- (Bibhu Datta Guru)
(Ramesh Sinha) Judge Chief Justice Rahul/Gowri