Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6670 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 455 of 2025 Siddharth Sharma S/o Shri Sudhir Sharma, Aged About 27 Years R/o Kapil Nagar, Sarkanda, Tehsil Bilaspur, District Bilaspur, Chhattisgarh.
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya Ma- hanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh. 2-Superintendent
Of
Police,
District
Bilaspur,
Chhattisgarh. 3 - Station House Officer, Police Station Sarakanda, District Bilaspur, Chhattisgarh. 4 - Mamta Sharma W/o Late Sudhir Sharma Aged About 52 Years R/o Kapil Nagar, Sarkanda,
Tehsil
Bilaspur,
District
Bilaspur,
Chhattisgarh. 5 - Samarth Sharma S/o Late Sudhir Sharma Aged About 22 Years R/o Kapil Kapil Nagr, Sarkanda, Tehsil Bilaspur District Bilaspur, Chhattisgarh.
... Respondents ------------------------------------------------------------------------------------------------------------- For Petitioner : Mr. Prashant Dansena, Advocate For State : Ms. Binu Sharma, Panel Lawyer ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board 05.02.2025
1. With the consent of learned counsel for the respective parties, the matter is heard finally.
2. The limited grievance of the petitioner by way of this petition filed under section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is that the petitioner and accused jointly holds a bank account in Chhattisgarh State Rural Bank, Bilaspur, where ancenstral inheritance funds were deposited. Without the petitioner’s consent or knowledge, the accused withdrew substantial amounts from the account and other saving. The petitioner who holds an equal right
2 to the funds, suffered financial, physical and mental hardships due to an unauthorized withdrawal which constitutes cheating under Section 420 of the Indian Penal Code. The respondent also fraudulently registered ancestral land in the name of respondent no. 6 and 7, excluding the petitioner’s rightful claim. Despite lodging complaints with both the Sarkanda Police Station and the Superintendent of Police, no action has been taken. As a result, the petitioner approached the Learned Court below and filed application under Section 200 of Cr.P.C. thereafter, on 13.06.2024 leading to an order on 26.10.2024 and the learned court directed the police authority that to file an investigation report but till date it has not been filed.
3.
Learned counsel for the petitioner prays this Court to allow the criminal miscellaneous petition and may direct the learned Trial Court to decide the case of the petitioner within a time frame in the interest of justice.
4.
Learned counsel for the State did not opposes the prayer made by the learned counsel for the petitioner.
5. Considering the limited grievance of the petitioner and also looking to the facts and circumstances, it is directed to make all endeavors to conclude the proceedings pending before the trial court as early as possible if no legal impediment.
6. With the aforesaid direction the instant petition is disposed of. sd/- (Arvind Kumar Verma) Judge alfiza