1 2025:CGHC:47683-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 504 of 2025 1 - Anand Tamboli S/o Late Mahadeo Tamboli Aged About 66 Years R/o Nawagarh, District- Bemetara, C.G. 2 - Vyas Narayan Sharma S/o Late Mattulal Sharma Aged About 64 Years R/o Nawagarh, District- Bemetara, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Nawagarh, District Bemetara, C.G. 2 - Suryapal Singh Bisen S/o Shri Ramsharan Singh Bisen Aged About 57 Years R/o Ward No. 6, Nawagarh, District- Bemetara, C.G. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri B.P. Sharma with Shri M.L. Sakat, Advocates. For Respondent(s) : Shri S.S. Baghel, Dy. Govt. Advocate. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.09.18 17:57:32 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 17.09.2025 1. Heard Shri B.P. Sharma and Shri M.L. Sakat, learned counsel for the petitioners. Also heard Shri S.S. Baghel, learned Dy. Govt. Advocate for the State/respondent no. 1. 2. The present petition has been filed with the following prayer:- “a. A writ and/or an order in the nature of mandamus do issue calling for records pertaining to case of petitioner from respondent concerned including the record of revenue authorities, as detailed in writ petition, for perusal of this Hon'ble Court, if deem fit. b. A writ and/or an order in the nature of appropriate writ do issue quashing the FIR No.210/2025 dated 27.8.2025 registered with Police Station Nawagarh, District Bemetara (CG) for the offence under Sections 420, 467, 468, 471, 120B of IPC against petitioners in the peculiar factual matrix of the case. c. Cost of the proceedings. 3 d. Any other writs or directions that may be deemed fit and just in the facts & circumstances of case.” 3. By the present petition petitioners seek to impugn and challenge registration of FIR No.0210/2025 dated 27.8.2025 for the offence under Sections 420, 467, 468, 471, 120B of Indian Penal Code in respect of petitioners being the President of the Society and the Branch Manager of the Bank respectively for which due process of law has been followed and payments were made to the persons i.e. farmers of the region and other persons entitled for the payment in respect of the purchases of paddy made by the society, for which relevant authorization has been obtained and entries have been made in account books and other documents in regular course of banking business, and since it appears that report has been lodged by respondent No.2 being Branch Manager of alleged stealing of Rs.19798124/- after lapse of more than four years. According to the petitioners, the respondent No.2 registered the case in respect of aforementioned offences which is in gross violation of petitioner's fundamental and constitutional rights and apart from it, amounts to abuse of process of court and process of law, the petitioners are invoking extraordinary jurisdiction of 4 this Court for protection of rights under the Constitution of India and the matters incidental thereto. 4. Learned counsel for the petitioners would submit that both the petitioners have retired from the service and both of them are sexagenarian. The main allegations pertain to the period from 30.01.2021 to 16.12.2021 that too the same are against one Narendra Singh Thakur, the then Society Manager and the petitioners herein have not played any role in the entire alleged episode of misappropriation. It is stated that the petitioners are being unnecessarily harassed pursuant to the FIR. It is further submitted that the amount obtained from the Bank was utilized for public utility, for which a duly resolution was passed by the Committee. Learned counsel would submit that even the petitioners filed a civil suit in respect of the subject matter. 5. On the other hand, learned State Counsel opposed the petition and submitted that the petitioners, in connivance with co- accused Narendra Singh Thakur, the petitioners herein embezzled an amount of ₹1,97,98,124/-. It is submitted that the impugned FIR was lodged only after due enquiry conducted by the Competent Authority. The learned State 5 Counsel placed reliance on the enquiry report dated 20.06.2025, filed under a covering memo and forming part of the FIR. It is further submitted that a recovery proceeding has also been initiated under Section 64 of the CG Cooperative Societies Act. 6. We have heard learned counsel for the parties and perused the documents appended with the petition. 7. On due consideration of the allegations made in the FIR and the material placed on record and particularly considering the nature of allegations levelled against the petitioners and further looking to the fact that there is an allegation of embezzlement of whopping amount of ₹1,97,98,124/- by the petitioners herein who were the President and Branch Manager of the Society in connivance with the main accused by preparing forged and fabricated bills & the FIR has been lodged only after an enquiry conducted by the competent authority, hence, this Court is of the opinion that a prima facie case is disclosed against the petitioners. At this stage, it cannot be said that no offence is made out and therefore, require thorough investigation. 8. Accordingly, the instant petition is dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib