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2025 DAILYLAW 41715 (CHH)

RAJWANTI YADAV v. STATE OF CHHATTISGARH

CRMP/2800/2025 · 2025-09-07

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:45486-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2800 of 2025 Rajwanti Yadav W/o Jhoudiram, Aged About 80 Years R/o - Narbadapur (Chhindpar), Tahsil - Mainpat, District - Surguja (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through - Police Station Kamleshwarpur, District - Surguja (C.G.) 2 - Sanjay Kumar S/o Sukhsay, Tahsildar - Mainpat, District - Surguja (C.G.) ... Respondents __________________________________________________________ For Petitioner : Mr. Akath Kumar Yadav, Advocate. For Respondent/State : Mr. Shaleen Singh Baghel, Dy.G.A. __________________________________________________________ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 08.09.2025 1. This petition has been filed by the petitioner for the following prayer :- “10.1 That, this Hon'ble court may kindly be pleased to call for entire records pertaining to the case of the petitioner from police station - kamleshwarpur, District Surguja (C.G.) 10.2 That, this Hon'ble court may kindly be pleased to allow this petition and the quash the F.I.R. bearing No. 95/2024 dated AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.09.09 10:44:01 +0530 2 08.12.2024, which is registered at police station kamleshwarpur, District Surguja, (C.G.) for the offences punishable under section 420, 467, 468, 471 and 120 (B) of I.P.C against the present petitioner, in the interest of justice. 10.3 That, any other relief /order which may deem fit and just in the facts and circumstances of the case, in the interest of justice..” 2. Case of the prosecution, in brief, is that the complainant/ respondent No.2 namely Sanjay Kumar has lodged an FIR before the police station – Kamleshwarpur, District Ambikapur (Sarguja) alleging therein that present petitioner and other co-accused persons have recorded their name in revenue record of government land and they have taken loan on said land. Thereafter, police of police station Kamleshwarpur has registered a case as a crime No. 95/2024 for the offences punishable under section 420, 467, 468, 471 and 120 (B) of I.P.C against the petitioner and other co- accused persons 3. Learned counsel for the petitioner submits that petitioner is octogenarian. The allegation against the present petitioner is that she has obtained the forge Patta of part of Khasra No. 301 and according to the FIR, incident was taken place in the year of 2015 and after a decade of the incident, FIR has been Registered without explaining of delay and laches by assigning sufficient and cogent reasons. He further submits that the petitioner has no authority to record her name in revenue record. The name of the applicant has 3 been recorded OnLine, after verification and longtime possession. He submits that the investigation is still pending and the same has not been concluded. 4. Learned State counsel opposes the submission made by learned counsel for the parties and submits that the petitioner along with other co-accused persons mutated their names in the government land and have taken loan, which is reflected from the FIR, hence, the petition is liable to be dismissed. 5. We have heard learned counsel for the parties, perused the pleadings and documents. 6. Bare perusal of the pleadings and material available on record, it is evident that the petitioner along with other co-accused persons allegedly mutated their names in the government land and have taken loan. Thus, considering the facts and circumstances of the case, particularly considering that the investigation is still pending and the matter has to be brought to its logical end and at this stage, it cannot be said that no offence is disclosed, hence, the Investigating Officer is directed to conclude the investigation within a period of four weeks and if the petitioner is aggrieved by the result of the investigation, she is at liberty to take recourse to law. 7. Accordingly, the present petition is disposed of. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep