1 2025:CGHC:52637-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 558 of 2025 Pankaj Sahu S/o Phul Chand Sahu Aged About 40 Years Subhash Nagar, Mahasamund, Police Station- Mahasamund, District : Mahasamund, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Home Department, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh 2. State Of Chhattisgarh Through - Under Secretary, Chhattisgarh Government, Urban Administration And Development Department, Indravati Bhawan Block- D, Fourth Floor, Atal Nagar, Raipur, Chhattisgarh 3. The Director General Of Police Chhattisgarh, Police Headquarters, Naya Raipur, Chhattisgarh 4. The Senior Superintendent Of Police Mahasamund, District : Mahasamund, Chhattisgarh 5. The Station House Officer Police Station Mahasamund, District : Mahasamund, Chhattisgarh 6. Shri R. K. Dongre Former Chief Municipal Officer, Mahasamund, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Pawan Kesharwani, Advocate For Respondents/ State : Mr. S.S. Baghel, Dy. G.A. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.10.30 10:21:48 +0530 2 Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 29/10/2025 1. Heard, Mr. Pawan Kesharwani, learned counsel for the petitioner and also Mr. S.S. Baghel, learned Dy. G.A. for the State. 2. The present WPCR has been filled for following reliefs :- “10.1 That this Hon'ble court may kindly be pleased to call for the entire Records. 10.2 That this Hon'ble Court may kindly direct the Police Authorities to file Charge-sheet against the Respondent No. 6. 10.3 That Hon'ble court may kindly be set aside the order dated 15/05/2025 passed by the learned Chief Judicial Magistrate with respect to the charge-sheet accepted without relevant documents (inquiry Report dated 10/08/2011). 10.3 That this Hon ble court may further be pleased to pass any other order in favor of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.” 3. The instant petition is preferred against the order dated 15/05/2025, whereby the learned Judicial Magistrate Mahasamund accepted the Charge-Sheet submitted by the police Station Mahasamund without considering the facts that the police 3 station Mahasamund has not submitted relevant documents relating to accused and also name of one accused mentioned in the F.I.R. (R.K. Dongre) former Chief Municipal Officer has been exculpated from the charge-Sheet No. 110/2025 dated 4/5/2025 offence under section 409,420, 120-B, 34 of I.P.C. only on the basis of letter No. F-4-54/2011/2018 issued by the Respondent No. 2. 4. Learned counsel appearing for the petitioner submits that five accused persons were charge-sheeted whereas name of Respondent No. 6 R.K. Dongre (former Chief Municipal Officer) has been dropped on the basis of the letter dated 06.02.2025 issued by Senior Superintendent of Police without any proper investigation, which is illegal and arbitrary. He further submits that no documents in support of the investigation has been filed by the concerned police station with the charge-sheet and prays that order dated 15.05.2025 passed by the learned Chief Judicial Magistrate be quashed. 5. On the other hand, learned State counsel opposes the argument made by the learned counsel for the petitioner and submits that after proper investigation the charge-sheet has been filled. 6. We have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto. 7. Perusal of the records shows that the instant petition challenges the order dated 15.05.2025 passed by the learned Judicial 4 Magistrate, Mahasamund, whereby the charge-sheet submitted by the Police Station, Mahasamund, in Charge-Sheet No. 110/2025 dated 04.05.2025, under Sections 409, 420, 120-B, and 34 of the IPC, was accepted. The petitioner contends that the charge-sheet is defective, as it does not include relevant documents relied upon during the investigation and excludes the name of one accused, R.K. Dongre, Former Chief Municipal Officer, who was exculpated solely based on the letter dated 06.02.2025 issued by the Senior Superintendent of Police. 8. Even if the name of respondent No. 6 has been excluded, the petitioner can very well adduce evidence before the trial court and take recourse to law at appropriate stage. Thus, the present petition requires no interference at this stage and the petition is dismissed at motion stage itself. 9. It is made clear that we have not made any observation on the merits of the case. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti