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2025 DAILYLAW 45481 (CHH)

RAKESH SINGH BAIS v. STATE OF CHHATTISGARH

CRMP/3517/2024 · 2025-01-03

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3517 of 2024 1 - Rakesh Singh Bais S/o Shri D. S. Bais Aged About 55 Years R/o B 37 Century Colony, Pt. Deendayal Upadhyay Nagar, Raipur, P.S.- D.D. Nagar Raipur, District- Raipur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S.- D D Nagar Raipur, District Raipur, C.G. 2 - Alok Patni S/o Shri Satya Prakash Patni Aged About 70 Years R/o B-7, Romans-Q-Villa, Labhandi, Raipur District Raipur, C.G. 3 - Mrs. Manjusha Patni W/o Shree Alok Patni Aged About 64 Years R/o B-7, Romans-Q- Villa, Labhandi, Raipur District Raipur, C.G. 4 - Bhagwan Das Jain S/o Late Puranchand Jain Aged About 88 Years R/o Gajananpur, Near Jain Temple Nemawar District Dewas Madhya Pradesh 455339 Currently Resident Of B-7, Romance-Q-Villa, Labhandi, Raipur District Raipur, C.G. 5 - Anushree Bharadwaj S/o Shri Surendra Kumar Bhardwaj Resident Of B-7, Romance-Q- Villa, Labhandi, Raipur District Raipur, C.G. (General Attorney Holder Shri Alok Patni) ... Respondent(s) For Petitioner(s) : Mr. Shakti Raj Sinha, Advocate For Respondent(s) : Ms. Priya Sharma, Panel Lawyer 2 Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 03/01/2025 1. With the consent of the parties, the present petition is heard finally. 2. The petitioner has filed the present petition under Section 528 of BNSS, 2023 being aggrieved by the non-action of the Court below in getting investigation report by the police of police station DD Nagar, Raipur, District-Raipur (C.G.) for unregistered complaint case. 3. Learned counsel for the petitioner contended that the respondent no. 2 has prepared fake and fabricated documents in violation of the provisions of the Co-operative Act for allotment of the land of the institution and has got a false affidavit prepared with the aim of wrongfully benefiting his personal relative/relatives. He further contended that respondent no. 2 has embezzled an amount of Rs. 6.50 crores by fraud. 4. Learned counsel for the state contended that the Trial Court has already call for investigation report therefore a direction to the police station DD Nagar Raipur, District- Raipur (C.G.) may be given to submit the investigation report before the Trial Court. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. The complainant/petitioner has filed the complaint case before the learned JMFC, Raipur (C.G.) and the Court below has ordered to call for 3 the investigation report from the police station DD Nagar, Raipur on 29.08.2024 but till date the police has not filed the investigation report before the Court below. 7. Looking to the facts and circumstances of the case it is directed that police station DD Nagar Raipur, District-Raipur shall file investigation report before the Trial Court under Section 175(3) of BNSS, 2023 within 3 months from the date of receipt of copy of this order. 8. With the aforesaid direction, the present petition stands disposed off. Sd/- (Arvind Kumar Verma) JUDGE Madhurima