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2025 DAILYLAW 48155 (CHH)

LAKHANLAL VERMA v. STATE OF CHHATTISGARH

CRMP/3318/2025 · 2025-11-10

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:54801-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3318 of 2025 Lakhanlal Verma S/o Late Fattelal Verma Aged About 73 Years R/o Quarter No. 4/b, Street No.2, Sector-7 Bhilai Nagar, District Durg (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Police Station Ambikapur, District Surguja (C.G.) 2 - Brijesh Tiwari S/o Late Devdutt Tiwari Aged About 54 Years R/o Rajmohani Ward, Namnakala, Ambikapur, District- Surguja Chhattisgarh (Complainant) ... Respondent(s) (Cause title taken from CIS) For Petitioner : Mr. S. C. Verma, Senior Advocate alongwith Mr. Abhishek Pandey, Advocate For Respondent/ State : Mr. S. S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 11.11.2025 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.11.13 10:51:21 +0530 2 1. The present CRMP has been 8led by the petitioner with the following prayer :- “1. This Hon'ble Court may Quash and set aside the FIR bearing No. 829/2016 dated 04.12.2016, registered at Police Station Ambikapur, District Ambikapur (Surguja), Chhattisgarh, under Sections 384, 502, 504, and 34 of the Indian Penal Code, along with all consequential proceedings arising therefrom, in so far as the Petitioner is concerned; 2. That, this Hon'ble may be kind enough to Hold and declare that any further action or investigation sought to be undertaken by the Respondent- authorities pursuant to the said FIR is illegal, arbitrary, and barred by limitation under Section 468(2)(c) of the Code of Criminal Procedure, 1973; 3. That, this Hon'ble court may be kind enough to Pass an order of restraint directing the Respondent-authorities not to take any coercive steps against the Petitioner in connection with the aforesaid FIR; 4. That, this Hon'ble court may Grant any other relief(s) which this Hon'ble Court may deem just, :t, and proper in the facts and circumstances of the present case, in the interest of justice, equity, and good conscience.” 2. In compliance with the Court’s order dated 06/11/2025, the DGP, Chhattisgarh has 8led his personal a=davit today itself explaining the reasons for the inordinate delay in concluding the investigation and the inaction against the petitioner. The relevant part of the a=davit 3 8led by the DGP, Chhattisgarh is reproduced hereinbelow :- “(i) That, at the outset, the deponent herein most respectfully submits that he holds this Hon'ble Court in the highest esteem and respect. The deponent has never sought or intended to, directly or indirectly, commit any act that interferes with the process of administration of justice. (ii) That, in compliance of the Hon'ble Court's order, the Deponent, vide its letter dated 07.11.2025, directed the Superintendent of Police, Ambikapur, District Surguja (CG) to inquire into the matter and submit the report through Inspector General of Police, Surguja Range, Ambikapur. In turn, the Superintendent of Police, Ambikapur, District Surguja (CG) gone through the matter and on account of not carrying investigation in the matter, issued show cause notices to the concerned Investigating O>cer on 07.11.2025, whereby. directing them to submit their explanation, however, they did not submit explanation/reply within prescribed time. As such the order of punishment has been passed by the Superintendent of Police, Ambikapur, District Surguja (CG), whereby, the punishment of 'Censure' to the then Investigating O>cers namely Naresh Chouhan, Vinay Singh, Manish Singh Parihar, Sub Inspector Priyesh John and Naresh Sahu has been imposed upon; imposed penalty of Rs. 100/- upon one Sub Inspector Vanshnarayan Sharma while the punishment of 'Displeasure' has been imposed upon the then Deputy Superintendent of Police namely Shri Manishankar Chandra. It would be pertinent to submit here that the Incharge, Police Station Kotwali Ambikapur, District Surguja (CG) has submitted a report that, as no evidence was found the matter has been closed and closure report has been :led in the matter under section 4 169 of CrPC. Accordingly, after completing the process, the Senior Superintendent of Police, Surguja has submitted report before the Inspector General of Police, Surguja Range, Surguja on 09.11.2025, which is being :led alongwith letter dated 07.11.2025 and the relevant documents, collectively as ANNEXURE A-1 for kind perusal of the Hon'ble Court. (iii) That, in view of the aforesaid report of the Senior Superintendent of Police, Surguja, the Inspector General of Police, Surguja Range, Surguja (Ambikapur) has submitted a report before the deponent vide its letter dated 09.11.2025, thereby, mentioning the action taken against those delinquents who have not carried investigation in the matter and not concluded the investigation and also mentioning the fact of :ling closure report in the matter. Copy of the report dated 09.11.2025 is :led and marked herewith as ANNEXURE A-2 for kind perusal of the Hon'ble Court. (iv) That, in view of the aforesaid report of the Inspector General of Police Surguja Range, Surguja (Ambikapur) the deponent has instructed to revised the punishment imposed upon the delinquent and directed to impose proper punishment accordingly. The IGP has passed the order, whereby punishment of stoppage one increment of salary for one year with non-cumulative eGect to the then investing o>cers namely Naresh Chouhan, Vinay Singh, Manish Singh Parihar, Sub Inspector Priyesh John, Naresh Sahu and Vanshnarayan Sharma is imposed upon the above said delinquents and the IGP Surguja Range, Surguja has submitted a report before the deponent vide it's letter dated 10/11/2025 along with letter dated 10/11/2025 collectively as ANNEXURE A-3 for kind perusal of The Hon'ble Court.” 5 3. At the very outset, learned State counsel submits that in view of the fact that the investigation in the present matter has already been concluded and a closure report has been 8led before the competent Court, nothing survives for adjudication in this petition, hence the present CRMP has been rendered infructuous. 4. Accordingly, the instant CRMP is dismissed as having become infructuous. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ S. Bhilwar