1 2025:CGHC:6052-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2910 of 2023 Riyazuddin Sheikh S/o Late Habibuddin Sheikh, aged about 50 years Resident ff Shiv Ghat, Sarkanda, Bilaspur, Tahsil and District- Bilaspur (CG) ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Ministry of Home, Secretariat, Capital Complex, Mahanadi Bhawan, Naya Raipur,, District : Raipur (C.G.) 2 - The Station House Officer Police Station Kotwali,, District : Raigarh (C.G.) 3 - Mahindra and Mahindra Financial Services, having its registered Office at Gateway Building Apollo Bandar, Mumbai and its Branch Office at 2nd Floor, B-2, Jindal Road, Raigarh, District- Raigarh (C.G.) Through Its Chief Executive Officer 4 - Shri Sabu Damodaran S/o Shri V. Damodaran, aged about 47 years R/o 3rd Floor Alaska Corporates, Vip Chowk, Telibandha, Raipur, Tahsil And District- Raipur (C.G.) ... Respondent(s) _________________________________________________________ For Petitioner : Mr. B.P. Sharma and Mr. Nasimuddin Ansari, Advocates For Respondent Nos.1 & 2 /State : Mr. Malay Jain, Panel Lawyer For Respondent No.3 : Mr. Praghalbha Sharma, Advocate _________________________________________________________ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.03 18:47:25 +0530 2 03 . 02 .202 5 1. Heard Mr. B.P. Sharma and Mr. Nasimuddin Ansari, learned counsel for the petitioner. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for the State/respondent Nos. 1 & 2 and Mr. Praghalbha Sharma, learned counsel appearing for respondent No.3. 2. Present petition under Section 482 of the Code of Criminal Procedure Code, 1973 has been filed by the petitioner with the following prayer :- “It is, therefore, prayed that this Hon'ble Court may be pleased to exercise its inherent jurisdiction under Section 482 of Cr.P.C. and in exercise thereof admit the petition, call for the records and after hearing the parties in the matter, quash FIR No.748/2023 registered at Police Station Kotwali, Raigarh, District Raigarh (CG) for the offence under Sections 408, 34 of IPC, so far as it relates to petitioner herein, being abuse of process of court and abuse of process of law and also in violation of petitioner's fundamental rights and in peculiar factual matrix of case and in interest of justice.” 3. Mr. B.P. Sharma, learned counsel for the petitioner submits that the petitioner has not been named in the FIR and only the name of ‘Dharam Patel and others’ has been mentioned. The allegation levelled against the petitioner does not have legs to stand as for selling a vehicle, there is a proper procedure prescribed in the Motor Vehicles Act and Rules and without following the same, no vehicle can be sold. The allegation against the petitioner, who is 3 the Area Collection Manager, is totally false and malicious one as the petitioner was in the queue of being promoted to the next higher post and the respondent No. 4 was having grudge against the petitioner and in order to create hurdle in the way of promotion of petitioner, the false and fabricated FIR has been lodged against the petitioner. Earlier, the respondent No. 3-Company had filed a complaint case bearing No. 3113/2023 which was later withdrawn by the Company itself. The present is a case of malicious prosecution with malafide intention. 4. On a pointed query being made to learned State counsel about status of the present case, he submits that as one of the co- accused is still absconding investigation could not be concluded and he assures that the same would be completed shortly. 5. Considering the facts and circumstances of the case, particularly the fact that the FIR was lodged way back on 26.10.2023 and more than a year has been elapsed, the concerned Investigating Officer is directed to conclude the investigation within a period of eight weeks from today and submit a Police Report under Section 193(3) of the Bhartiya Nagarik Suraksha Sanhita, 2023 before the Competent Court in accordance with law and the concerned Superintendent of Police / Senior Superintendent of Police, is directed to ensure that the investigation in the present case is carried out in a fair manner. Till then, the petitioner shall not be arrested subject to the condition that the petitioner shall cooperate with the investigation. 4 6. The petitioner is directed to furnish a copy of this order to the concerned Superintendent of Police / Senior Superintendent of Police within a period of one week from today for necessary information and compliance. 7. With the aforesaid observation and direction, the instant petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra