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2025 DAILYLAW 45726 (CHH)

ATUL KUMAR UPADHYAY v. STATE OF CHHATTISGARH

CRMP/3439/2024 · 2025-09-11

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:46772-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3439 of 2024 Atul Kumar Upadhyay S/o Shri Dindayal Upadhyay, Aged About 30 Years R/o Beto, P.S.-Raghunath Nagar, District- Balrampur-Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through S.H.O. Police Station-Raghunath Nagar, District-Balrampur-Ramanujganj (C.G.) 2 - Savita @ Lalmuni W/o Ramsundar Gond, Aged About 35 Years R/o Village- Rajkheta Wadrafnagar, P.S.-Basantpur, District-Balrampur-Ramanujganj At Present R/o Village- Sarna, P.S.-Raghunath Nagar, District-Balrampur- Ramanujganj, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Dheerendra Pandey, Advocate. For Respondent No. 1/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 12/09/2025 1. Heard Mr. Dheerendra Pandey, learned counsel for the petitioner as well as Mr. Nitansh Jaiswal, learned Panel Lawyer for the State/respondent No. 1. 2 2. By this petition under Section 582 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioner seeks quashing of FIR bearing Crime No. 69/2024, dated 27.07.2024, registered for the offences under Sections 115(2), 191(2), 296, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)((r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The facts, in brief are that the petitioner is the resident of village Beto, Police Station, Raghunath Nagar, District Balrampur-Ramanujganj and is a social worker in the Balrampur area. On a complaint made by one Shivkumari, an FIR bearing No. 68/2024 was registered against one Ashutosh Upadhyay and Devendra Upadhyaya alleging that on 24.07.2024, at about 1 p.m. they forcibly started ploughing the leased land of the respondent No. 2 and when the same was resisted, these accused persons uttered caste based filthy language and hurled abuses and also assaulted her with lathi and also caused loss of Rs. 10,000/- by ploughing the field. The said FIR was lodged at 12:30 hours of 27.07.2024. Thereafter, another FIR bearing Crime No. 69/2024 was registered at 11:30 p.m. on 27.07.2024 at the instance of the respondent No. 2/complainant against Atul Upadhyay, Shivkumari, Ramvilas Agariya Vinod Agariya, Rajanta, and Chhotelal alleging that they had assaulted the complainant and also threatened to kill her. 4. This Court, vide order dated 14.01.2025 had granted an interim order to the effect that the petitioner shall not be arrested pursuant to the FIR bearing Crime No. 69/2024. 5. Though notice has been served upon respondent No. 2 on 15.02.2025, but neither the respondent No. 2 nor her counsel is present today to contest the petition. 3 6. On a query being made by this Court as to what is the current status of the FIR in question and whether the investigation has been completed and final report has been filed, learned State counsel is not in a position to state anything. 7. No fruitful purpose would be served if this petition is kept pending as the FIR in question i.e. Crime No. 69/2024 was registered way back on 27.07.2024 and if the police has still not concluded the investigation and submitted its final report, the police is directed to conclude the investigation and submit its final report within a period of three weeks from today and till that time, the interim protection granted by this Court on 14.01.2025 shall continue. 8. With the aforesaid observation and direction, this petition stands disposed of reserving liberty to the petitioner to take recourse to law, in case he may be aggrieved by the final report that would be filed by the police. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.15 18:47:42 +0530