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2025 DAILYLAW 45521 (CHH)

NITIN SINHA v. STATE OF CHHATTISGARH

CRMP/3410/2024 · 2025-03-03

Shri Ravindra Kumar Agrawal

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:10231-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3410 of 2024 Nitin Sinha S/o Shri Shailendra Kumar, aged about 38 years R/o Avanti Vihar P.S. Telibandha, Raipur, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The S.H.O, Police Station Bemetara, District Bemetara Chhattisgarh. 2 - Himachal Patel S/o Mehatru Patel Aged About 43 Years R/o Village Daganiya, P.O. Hatraka, Police Station Sand, Tahsil Than Khamariya, District Bemetara Chhattisgarh. 3 - Gopal Verma S/o Late Manharan Lal Verma Aged About 30 Years R/o Village Daganiya, P.O. Hatraka, Police Station Sand, Tahsil Than Khamariya, District Bemetara Chhattisgarh. ... Respondent(s) ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Gary Mukhopadhyay, Advocate For Respondent No.1/State : Mr. Shashank Thakur, Dy. A.G. ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 03.03.2025 1. Heard Mr. Gary Mukhopadhyay, learned counsel for the petitioner as well as Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondent No.1. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.03.03 18:06:50 +0530 2 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “a) This Hon’ble Court may kindly be pleased to quash the FIR No. 195/2022 dated 04.04.2022 lodged at Police Station Bemetara, District Bemetara for offence punishable under section 8 of Prevention of Corruption Act, 1988. b) This Hon’ble Court may kindly be pleased to pass any other order in favor of the petitioner as the Hon’ble Court may deem fit under the facts and circumstances of the present case.” 3. In compliance of the Court’s order dated 10.02.2025, fresh affidavit has been filed by the Inspector General of Police, Durg Range, Durg on 28.02.2025, relevant portion of which is reproduced here as under : “5. That, the competent authority had referred the matter to Police Headquarters which was then marked to Inspector General of Police, Durg Range, Durg. The copies of the relevant correspondences dated 21/02/2025 and 24/02/2025 are annexed herewith as ANNEXURE – R/1. 6. That, the Inspector General of Police, Durg Range sought report from Superintendent of Police, Bemetara vide letter dated 25/02/2025. The Superintendent of Police, Bemetara submitted his report on 25/02/2025. Copy of report and letter dated 25/02/2025 are collectively filed herewith as ANNEXURE – R/2. 3 7. That, the Inspector General of Police, Durg Range has awarded punishment of "displeasure" on Investigating Officers Shri Tejram Patel, the then SDOP Berala and Mrs. Kaushilya Sahu, Dy. Superintendent of Police (IUCAW). The copies of the orders dated 25/02/2025 are collectively annexed herewith as ANNEXURE – R/3. 8. That, another Investigating Officer of the case Shri Kamal Narayan Sharma, Dy. Superintendent of Police, Bemetara was also awarded punishment of "displeasure" by the Superintendent of Police, Bemetara. A copy of the punishment order dated 17/12/2024 is ANNEXURE - R/4. 4. From perusal of the above quoted affidavit, it transpires that sensor entries have been made against the erring officers. 5. It is stated by learned counsel for the parties that closure report has been filed in the present case against the petitioner in pursuance of the FIR registered against him. 6. The instant petition is accordingly disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra