1 2025:CGHC:3184-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3534 of 2024 Gourishankar Patel S/o Late Shri Ganesh Charan Patel Aged About 49 Years Clerk Seva Sahakari Samiti Lagara Village Lagara P.S. Mulmula Tahsil Pamgarh Nagar Sipat District - Janjgir - Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Home Department Mahanadi Bhawan Naya Raipur Atal Nagar (C.G.) 2 - Director General Of Police Police Head Qurt. Sector - 19, Naya Raipur Atal Nagar (C.G.) 3 - Superintendent Of Police, District - Janjgir - Champa (C.G.) 4 - In Charge Police Station, Police Station Mulmula Tahsil Pamgarh District - Janjgir - Champa (C.G.) 5 - The Collector (Food Branch) District - Janjgir - Champa (C.G.) 6 - Sub Divisional Officer (Revenue) Pamgarh District - Janjgir - Champa (C.G.) 7 - The Joint Registrar, Cooperative Societies Bilaspur Division Bilaspur (C.G.) 8 - Deputy Registrar, Cooperative Societies District - Janjgir - Champa (C.G.) 9 - Vedram Khunte S/o Shri Teejram Aged About 58 Years R/o Village Lagara Post Pakariya P.S. Mulmula Tahsil Pamgarh District - Janjgir - Champa (C.G.) BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.18 11:28:31 +0530 2 10 - Ujagar Singh S/o Shri Damodar Singh Aged About 66 Years R/o Village Lagra Post Pakariya P.S. Mulmula Tahsil Pamgarh District - Janjgir - Champa (C.G.) 11 - Ramkumar Sahu S/o Samelal Aged About 30 Years R/o Village Mudhpar Post Kuthur P.S. Mulmula Tahsil Pamgarh District - Janjgir - Champa (C.G.) 12 - Bhuvneshwar Shrivas S/o Shri Hariram Aged About 55 Years R/o Village Silki Post Pakariya P.S. Mulmula Tahsil Pamgarh District - Janjgir - Champa (C.G.) 13 - Firatram Sahu S/o Shri Tulasi Aged About 62 Years R/o Village Mudhpar Post Kuthur P.S. Mulmula Tahsil Pamgarh District- Janjgir - Champa (C.G.) 14 - Saakhiram Sahu S/o Shri Ganga Prasad Aged About 60 Years R/o Village Mudhpar Post Kuthur P.S. Kuthur P.S. Mulmula Tahsil Pamgarh District- Janjgir - Champa (C.G.) 15 - Ramcharan S/o Shri Jodhiram Aged About 40 Years R/o Village Lagra Post Pakariya P.S. Mulmula Tahsil Pamgarh District - Janjgir - Champa (C.G.) 16 - Vinod Kumar Garhewal S/o Shri Manharan Aged About 42 Years R/o Village Silki Post Pakariya P.S. Mulmula Tahsil Pamgarh District- Janjgir - Champa (C.G.) 17 - Sudhoram S/o Shri Hiralal Aged About 70 Years R/o Village Pachari Post Pakariya P.S. Mulmula Tahsil Pamgarh District -Janjgir - Champa (C.G.) 18 - Sukdev Singh S/o Shri Firu Singh Aged About 70 Years R/o Village Lagara Post Pakariya P.S. Mulmula Tahsil Pamgarh District - Janjgir - Champa (C.G.) ... Respondent(s) For Petitioner : Mr.Govind Ram Miri, Senior Advocate assisted by Mr.Yogesh Chandra Sharma, Advocate For Respondents No.1 to 8/State : Mr.Shashank Thakur, Deputy Advocate General 3 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha , Chief Justice 17 .01 .2025 1. Heard Mr.Govind Ram Miri, learned Senior Advocate assisted by Mr.Yogesh Chandra Sharma, learned counsel for the petitioner. Also heard Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondents No.1 to 8/State. 2. The present petition has been filed by the petitioner with the following prayer: “(i) That this Hon’ble Court may kindly be pleased to quash the FIR No.0066 dated 25.03.2021 registered against this petitioner at PS: Mulmula, Tahsil-Pamgarh, District Janjgir-Champa (C.G.), with a direction to drop the further proceedings on FIR. (ii) That, this Hon’ble Court may kindly be pleased to direct the respondents, not to proceed further in the instant case. (iii) That, this Hon’ble Court may kindly be pleased to call the entire record pertaining to the instant case. (iv) Any other relief which this Hon’ble Court may deem fit and proper, in the interest of justice.” 3. In compliance of the Court’s order dated 06.01.2025 the Superintendent of Police, District Janjgir Champa has filed his personal affidavit which is reproduced hereinbelow:- “1. That, I am posted as the Superintendent of Police, 4 District Janjgir Champa (C.G.) and duly authorized to swear this affidavit on behalf of the Answering Respondents/State in compliance of the Hon'ble Court's order/direction dated 06.01.2025, passed in the present matter and as such fully conversant with the facts of the case. 2. That, in the meantime, the subject case came up for hearing before the Hon'ble Court on 06.01.2025 and after hearing this matter, the Hon’ble Court has been pleased to direct the Superintendent of Police, Janjgir Champa to file his personal affidavit in the matter by the next date of hearing calling for an explanation from the concerned Investigating Officer regarding delaying the investigation for a period of more than 3½ years. Therefore, in compliance whereof, the instant affidavit is being filed before the Hon’ble Court for its kind perusal and consideration. 3. That, in compliance of the Hon’ble Court’s order dated 06.01.2015, it is most humbly and respectfully submitted that, the Deponent has issued a letter to the concerned Investigation Officer calling for his explanation regarding delaying the investigation for a period of more than 3½ years in the subject crime number vide its letter dated 07.01.2015. Copy of the letter dated 07.01.2025, is being annexed herewith as ANNEXURE R/A for kind perusal of this Hon’ble Court. 4. That, in compliance of the aforesaid notice dated 07.01.2025, the concerned Investigating Officer has submitted his explanation letter on 16.01.2025 before the office of the Deponent wherein, he has categorically informed the deponent that, a complaint was made on 19.02.2021 by the complainants/villegers of Gram 5 Panchayat Lagra against the present petitioner and other accused persons before the office of the Deponent regarding embezzlement committed by the petitioner being Manager of the Seva Sahakari Samiti Lagra, District Janjgir Champa in which, DSP, IUCAW, Janjgir Champa has conducted an enquiry into the matter and submitted a enquiry report before the office of the Deponent. Thereafter, on 25.03.2021, FIR was registered by the police of Police Station Mulmula against the present petitioner and other accused persons and the matter was taken into investigation and the present petitioner and accused persons were arrested. During investigation, it was found that, the present petitioner has committed embezzlement being Manager of the said Seva Sahakari Samiti Lagra, District Janjgir Champa. Therefore, the concerned Investigating Officer has informed the deponent that, certain documents/report has been sought from the office of the Deputy Registrar, Cooperative Societies, Janjgir vide letters dated 08.01.2025, 09.01.2025 and 12.01.2025. Thereafter, original documents have been obtained from the office of the Deputy Registrar, Cooperative Societies, Janjgir, therefore, on the instruction of the Deponent, charge sheet has been filed under Sections 420, 409 and 34 of the IPC before the concerned Judicial Magistrate First Class, Pamgarh, District Janjgir Champa on 14.01.2025 against the present petitioner and other accused persons. Copy of the reply of the explanation dated 16.01.2025, submitted by the concerned Investigating Officer before the office of the Deponent, is being annexed herewith as ANNEXURE R/B for kind perusal of this Hon'ble Court. 6 5. That, the Deponent tenders his unconditional apology before this Hon'ble Court for any action which may have been done under a bonafide belief and the Deponent hereby undertakes and assures this Hon'ble Court that, he will be very careful and vigilant in future in making compliance of the orders/directions and/or warrants issued by the Courts of law from time to time and the same would not be repeated in future. 6. That, the Deponent has highest regards to the orders and directions passed by the Hon'ble Court from time to time and as and when, any further direction be made by the Hon'ble Court, the same will be complied with in its true spirit.” 4. It is stated by learned Deputy Advocate General appearing for respondents No.1 to 8/State that against the erring official show cause notice has been issued for keeping the investigation pending for about 3½ years and it is stated that the charge-sheet has been submitted before the competent Court against the petitioner. 5. Considering the fact that the charge-sheet has been submitted before the Competent Court, the present petition is disposed of with liberty to the petitioner to take recourse to law, if aggrieved by the charge-sheet, if the matter survives. 6. The Director General of Police, Raipur, Chhattisgarh is directed to file his personal affidavit in the matter regarding the explanation which has been sought by the Superintendent of Police, Janjgir-Champa against the erring investigating official, who has kept the matter pending for about 3½ years and send the same to the Registrar (Judicial) of this Court, who shall place the same in the chamber on 7th March, 2025 for 7 perusal as soon as the proceedings against the erring officials are completed. 7. The Registrar (Judicial) as well as the State Counsel shall send a copy of this order to the Director General of Police, Raipur, Chhattisgarh forthwith for necessary compliance and follow up action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu