1 CRMP No.3028 of 2025 2025:CGHC:49357-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3028 of 2025 1 - Fakirchand Agrawal S/o Late Niranjan Lal Agrawal Aged About 77 Years R/o Ward No. 15 Samta Nagar, P.S. - Gaurella, Tehsil- Pendra, District- Gaurella-Pendra-Marvahi (C.G.) 2 - Gopal Krishna Agrawal S/o Fakirchand Agrawal Aged About 48 Years R/o Ward No. 15 Samta Nagar, P.S. - Gaurella, Tehsil- Pendra, District- Gaurella- Pendra-Marvahi (C.G.) 3 - Aashish Agrawal S/o Fakirchand Agrawal Aged About 41 Years R/o Ward No. 15 Samta Nagar, P.S. - Gaurella, Tehsil- Pendra, District- Gaurella-Pendra- Marvahi (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through- Police Station- Gaurella, District- Gaurella- Pendra-Marvahi, Chhattisgarh. 2 - Ramesh Kumar Lahre District Marketing Officer, Chhattisgarh State, Co- Operative Marketing L.T.D. Maryadit District- Gaurella-Pendra-Marvahi, Chhattisgarh. 3 - Shri Gagan Agrawal Proprietor Of M/s Maa Narmada Agrotech, S/o Late Ashok Agrawal, Aged About 39 Years, R/o Village- Madna, Pendra Road, District- Gaurella-Pendra-Marwahi, Chhattisgarh. RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.09.26 18:39:16 +0530 2 CRMP No.3028 of 2025 4 - Shri Manoj Gupta Proprietor Of M/s Kesharwani Rice Mill, S/o Late Badri Prasad Gupta, Aged About 57 Years, R/o Seoni, Marwahi, District- Gourela Pendra Marwahi (C.G.) 5 - Shri Harsh Kumar Goyal Partner In M/s Daksha Food Industries, S/o Shri Shankar Lal Agrawal, Aged About 36 Years, R/o Marwahi Road, Pendra District- Gourela Pendra Marwahi (C.G.) 6 - Shri Akshay Chhabaria Proprietor Of M/s Laxmi Agro Industries, S/o Shri Ashok Chhabaria, Aged About 32 Years, R/o Village- Kudri, Pendra, District- Gourela Pendra Marwahi (C.G.) 7 - Shri Ram Charan Sahu Proprietor Of M/s Sai Agro, S/o Late Gorelal Sahu, Aged About 50 Years, R/o Village- Lerkeni, Post-Dhabhar, Marwahi, Pendra, District- Gourela Pendra Marwahi (C.G.) 8 - Smt. Geeta Agrawal Proprietor Of M/s Maa Narmada Rice Product, W/o Late Ashok Agrawal Aged About 64 Years, R/o Village- Madna, Pendra Road, District- Gourela Pendra Marwahi (C.G.) 9 - Shri Suyash Agrawal Proprietor Of M/s J.P. Agrawal Agrotech Through Its, S/o Shri Gaya Prasad Agrawal, Aged About 29 Years, R/o Village Anjani, Pendra Road, District- Gourela Pendra Marwahi (C.G.) 10 - Shri Gaya Prasad Agrawal Director Of M/s J.P. Agrawal And Sons Cold Storage Private Limited, S/o Late Jagdish Prasad Agrawal, Aged About 61 Years, R/o Village- Anjani, Pendra Road, District- Gourela Pendra Marwahi (C.G.) Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Himanshu Kumar Sharma, Advocate For Respondent(s) : Mr. Shaleen Singh Bahgel, Dy. GA Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Bibhu Datta Guru, J 26/09/2025 3 CRMP No.3028 of 2025 1. The instant CRMP under Section 528 of the BNSS, 2023 has been filed by the applicants for the following prayer to set-aside/quash:- “i. First Information Report (FIR) bearing No. 009/2023 dated 05/01/2023 u/s 420 read with 34 of Indian Penal Code 1860 registered at Police Station- Gaurella, District – Gaurella- Pendra-Marvahi,Chhattisgarh. ii. The order dated 06/07/2024 of M.J.C no. 45/2023, passed by the learned Judicial Magistrate First Class, Pendra Road, Bilaspur. Chhattisgarh, allowing Application filed Under Section 302(2) of CR.P.C 1973 filed by Rival Rice Millers, who are not Complainant in FIR bearing No. 009/2023 dated 05/01/2023 and in which Closure Report bearing No. 02/2023 dated 25/04/2023 u/s 420 read with 34 of 1.P.C, has been alreay filed by Police Station- Gaurella, District Gaurella Pendra-Marvahi, Chhattisgarh, iii. The order dated 24/08/2024 of M.J.C no. 45/2023, passed by the learned Judicial Magistrate First Class, Pendra Road, Bilaspur, Chhattisgarh, rejecting the Closure Report bearing No. 02/2023 dated 25/04/2023 u/s 420 read with 34 of Indian Penal Code 1860, filed by Police Station- Gaurella, District Gaurella - Pendra - Marvahi, Chhattisgarh, iv. The order dated 09/09/2024 of Criminal Case no. 1292/2024 passed by the learned Judicial Magistrate First Class, Pendra Road, Bilaspur, Chhattisgarh taking cognizance of the aforementioned rejected Closure Report and recorded Evidence of Witnesses and Documents filed with Application filed Under Section 302(2) of CR.P.C 1973, which was filed by Other Persons who are Rival Rice Miller's and are not Complainant in (FIR) bearing No. 009/2023; v. The entire proceedings of Criminal Case No. 1292/2024 titled 'State of Chhattisgarh vs. Fakirchand Agrawal and Others', 4 CRMP No.3028 of 2025 pending before the Court of the learned Judicial Magistrate First Class, Pendra Road, Bilaspur, Chhattisgarh. vi. The Order dated 04/08/2025 Passed in Criminal Revision 22/2025 titled Fakirchand Agrawal and Others Vs. State of Chhattisgarh, by the learned Second Additional Session Judge, Pendra Road, Bilaspur, Chhattisgarh, whereby the Learned Court Rejected the Revision.” 2. (a) The facts, briefly stated, are that the petitioners are rice millers of District Gaurella-Pendra-Marwahi, engaged in procurement of paddy from the State Cooperative Marketing Federation for custom milling and deposit of rice. The process is governed by the Chhattisgarh Rice Custom Milling Order, 2016. In furtherance thereof, agreements were executed with the Marketing Federation, subject to mandatory furnishing of bank guarantees before lifting paddy. (b) According to the prosecution, the petitioners submitted forged bank guarantees of the State Bank of India for the procurement of paddy for the years 2021–22 and 2022–23. On complaints made to the Collector, Gaurella- Pendra-Marwahi, a committee was constituted, which, upon inquiry, recommended lodging of FIR. Pursuant thereto, FIR No. 09/2023 was registered at Police Station Gaurella under Sections 420/34 IPC against the petitioners. (c) Upon completion of investigation, the police submitted Closure Report No. 02/2023 exonerating the petitioners. In the meantime, respondents No. 3 to 10 moved an application under Section 302(2) Cr.P.C. before the JMFC, Pendra Road. The said application was allowed by order dated 5 CRMP No.3028 of 2025 06.07.2024 in MJC No. 45/2023. Subsequently, by order dated 24.08.2024, the learned JMFC rejected the closure report. Thereafter, on 09.09.2024, in Criminal Case No. 1292/2024, the learned JMFC took cognizance and recorded evidence of witnesses. (d) Aggrieved by the order of rejection of closure report, the petitioners preferred Criminal Revision No. 22/2025 before the II Additional Sessions Judge, Pendra Road, Bilaspur, which came to be dismissed by order dated 04.08.2025. Hence, the present petition. 3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated at the instance of rival rice millers, without any cogent material. Though FIR No. 09/2023 was registered, investigation revealed no incriminating evidence, and a closure report was filed. Nonetheless, the respondents No.3 to 10, despite lacking locus standi, interfered with the proceedings by filing an application under Section 302(2) Cr.P.C. It is submitted that the petitioners’ firms were prematurely blacklisted on 24.12.2022 based on the said complaint, even without affording them an opportunity of hearing. The petitioners challenged the blacklisting in WPC Nos. 116/2023 and 176/2023, and by order dated 12.01.2023, this Court set aside the blacklisting order, reserving liberty to the authorities to proceed afresh. Pursuant thereto, by order dated 27.03.2023, the State Government set aside the blacklisting but imposed a fine of ₹5,00,000/- under Clause 9 of the 2016 Order, which has since been deposited. In these circumstances, the continuation of criminal proceedings, despite absence of the essential 6 CRMP No.3028 of 2025 ingredients of the crime in question amounts to an abuse of process. He would submit that this Court has granted anticipatory bail to the petitioners. According to the petitioners, the petitioner No.1 is septuagenarian and is suffering from several ailments. Thus, the petitioners are entitled to the reliefs prayed for. 4. (i) Learned counsel for the respondents submits that from a perusal of the original record of the Magistrate’s Court, it is evident that pursuant to the instructions of the Collector, District Gaurela-Pendra-Marwahi, vide letter No. 38/Kale./Steno/2023/GPM dated 03.01.2023, the District Marketing Officer, lodged a written complaint before the Station House Officer, Gaurela, on 03.01.2023. In the said complaint, it was alleged that, in respect of Kharif season 2021-22, out of the total bank guarantees deposited by three firms, namely Shyam Industries, Shyam Food Products, and Yash Rice Mill, Anji Gaurela, 23 bank guarantees amounting to ₹21.50 crores appeared to be forged. Similarly, in Kharif season 2022-23, bank guarantees submitted by the said three firms, along with Yash Modern Food Products, also appeared to be forged. Accordingly, a request was made to register an FIR against the then Chief Manager of State Bank of India, Pendraroad branch and the proprietors of the four firms, namely Gopal Krishan Agrawal, Ashish Agrawal, and Fakirchand Agrawal. He would submit that on the basis of the said complaint, Crime No. 09/2023 was registered at Police Station Gaurela under Sections 420 and 34 of the IPC against the aforesaid persons. He would submit that the Magistrate was fully justified in rejecting the closure report in Crime No. 09/2023 under Sections 420 and 34 IPC arising out of MJC No. 45/2023, and 7 CRMP No.3028 of 2025 passing the impugned order dated 24.08.2024. Thereafter, the revisional Court also rejected the revision preferred by the petitioners by assigning sufficient and cogent reasons. 5. We have heard learned counsel for the parties and perused the record. 6. Bare perusal of the record would show that pursuant to the instructions of the Collector, District Gaurela-Pendra-Marwahi, vide letter No. 38/Kale./Steno/2023/GPM dated 03.01.2023, the District Marketing Officer, lodged a report before the Station House Officer, Gaurela, on 03.01.2023. In the said complaint, it was found that during season 2021-22, out of the total bank guarantees deposited by three firms, namely Shyam Industries, Shyam Food Products, and Yash Rice Mill, Anji Gaurela, 23 bank guarantees amounting to ₹21.50 crores appeared to be forged. Similarly, in Kharif season 2022-23, bank guarantees submitted by the said three firms, along with Yash Modern Food Products, also appeared to be forged. 7. On a careful consideration of the submissions and the record, it is evident that the Magistrate, as well as the Revisional Court, have recorded detailed and cogent reasons for rejecting the closure report in Crime No. 09/2023. The complaint lodged pursuant to the instructions of the Collector, District Gaurela-Pendra-Marwahi, established prima facie that 23 bank guarantees, amounting to ₹21.50 crores, deposited by the firms Shyam Industries, Shyam Food Products, Yash Rice Mill, and Yash Modern Food Products during Kharif seasons 2021-22 and 2022-23, appeared to be forged. 8 CRMP No.3028 of 2025 8. It is noteworthy to mention here that the order dated 06/07/2024 passed by the JMFC by which the application under Section 302 (2) of Cr.P.C has been allowed; the order dated 24/08/2024 passed by the JMFC by which the said Court has rejected the closure report; the order dated 09/09/2024 by which the JMFC has taken cognizance of the offence; and the order 04/08/2025 passed by the learned Revisional Court rejected the revision, are just and proper. Hence, there is no illegality or infirmity. 9. Accordingly, the CRMP stands rejected. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri