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2025 DAILYLAW 52473 (CHH)

SHAMIM REHMAN v. STATE OF CHHATTISGARH

CRMP/3411/2025 · 2025-11-11

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:55017-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3411 of 2025 1. Shamim Rehman S/o Lt. Nurul Huda Aged About 54 Years R/o 645 A/70, Janki Vihar Colony, Jankipuram, Sector-I, Police Station - Jankipuram, District - Lukhnow (U.P.) (Petitioner's Name And Address As Per Chargesheet) 2. Bharat Sukhwani S/o Lt. Jairam Sukhwani Aged About 53 Years R/o House No. 233, Rajendra Nagar, Police Station - Nakahindola, District - Lukhnow (U.P.) (Petitioner's Name And Address As Per Chargesheet) ... Petitioner(s) versus 1. State of Chhattisgarh Through Police Station - Surajpur, District - Surajpur (C.G.) 2. Amrit Lal Rajwade S/o Lt. Rupan Ram Rajwade Aged About 31 Years R/o Village - Kuruwa, Dedri, Ward No. 17, Majhapara, Police Station - Bishrampur, Tehsil And District - Surajpur (C.G.) 3. Naween Tirkey S/o Daud Tirkey Aged About 63 Years R/o Village - Satpata, Police Station - Bishrampur, Tehsil And District - Surajpur (C.G.) 4. Tarun Khairwar S/o Lakhan Khairwar Aged About 53 Years R/o Ward No. 15, Railway Siding, G.M.Q. Colony, Bishrampur, Police Station - Bishrampur, District - Surajpur (C.G.) 5. Ashit Ram S/o Lakhan Aged About 50 Years R/o Ward No. - 09, Adarsh Nagar, Police Station - Bishrampur, Tehsil And District - Surajpur (C.G.) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.11.12 17:34:08 +0530 2 6. Aagar Sai Singh S/o Jagmohan Singh Aged About 43 Years R/o Village - Ketka, Police Station - Bishrampur, Tehsil And District - Surajpur (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Mr. Chitendra Singh, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. For Respondents No. 2 to 6 : Mr. Wasim Miyan, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 12 .11.2025 1. Heard Mr. Chitendra Singh, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for respondent No. 1/State and Mr. Wasim Miyan, learned counsel, appearing for respondents No. 2 to 6. 2. The present petition has been filed by the petitioners with the following prayers: “1. That, this Hon’ble Court may kindly be pleased to quash the FIR No. 441 of 2019 dated 15.11.2019 registered at Police Station Surajpur, District Surajpur (C.G.) for offence punishable under Sections 420, 120-B and 34 of the IPC, Sections 4, 5, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 3 2. That, this Hon’ble Court may kindly be pleased to quash the entire charge-sheet dated 06.05.2025 arising out of FIR No. 441 of 2019 dated 15.11.2019 registered at Police Station Surajpur, District Surajpur (C.G.) for offence punishable under Section 420, 120- B and 34 of the IPC, Section 4,5,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 3. That, this Hon’ble Court may kindly be pleased to quash the order of cognizance dated 07.05.2025 by which the learned Special Judge (Protection of Depositors Interest Act) Surajpur, District Surajpur (C.G.) has taken cognizance for the offence punishable under Section 420, 120B and 34 of the IPC, Section 4,5,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005 arising out of FIR No. 441 of 2019 dated 15.11.2019 registered at Police Station Surajpur, District Surajpur (C.G.). 4. That, this Hon’ble Court may kindly be pleased to quash the charge-memo framed on 23.09.2025 for offence punishable under Section 420, 120B and 34 of the IPC, Section 4,5,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005 against the petitioner in Criminal Case Number Spl. Prot. Depositors Int. Act/6/2025, pending before Special Judge (Protection of Depositors Interest Act) Surajpur, District Surajpur (C.G.). 5. That, this Hon’ble Court may kindly be pleased to 4 quash the Criminal Case Number Spl. Prot. Depositors Int. Act/6/2025, pending before Special Judge (Protection of Depositors Interest Act) Surajpur, District Surajpur (C.G.) (titled as – C.G. State vs Shamim Rehman & 1 other) and thereby acquit the petitioners. 6. That, this Hon’ble Court may further be kindly pleased to quash the entire criminal proceeding initiated in Criminal Case Number Spl. Prot. Depositors Int. Act/6/2025, pending before Special Judge (Protection of Depositors Interest Act) Surajpur, District Surajpur (C.G.) arising out of FIR No. 441 of 2019 dated 15.11.2019 registered at Police Station Surajpur, District Surajpur (C.G.) for offence punishable under Section 420, 120B and 34 of the IPC, Section 4,5,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 7. Any other relief which the Hon’ble Court deems fit under the facts and circumstances of the case, may kindly be granted to the petitioners.” 3. Learned counsel for the petitioners submits that the dispute between the petitioners and respondents No. 2 to 6 has been amicably settled outside the Court. It is stated that respondents No. 2 to 6 had invested certain amounts in the petitioners’ Company, and now the parties have entered into a compromise. A copy of the compromise deed has been placed on record as Annexure P/6. 4. Learned counsel appearing for respondents No. 2 to 5 6/complainants also admits the submission made on behalf of the petitioners and confirms the factum of compromise. 5. We have heard learned counsel for the parties and perused the pleadings, prayers and documents annexed with the petition. 6. Considering the aforesaid submissions and the compromise arrived at between the parties, they are directed to appear before the learned Magistrate concerned and move an appropriate application under the relevant provisions of law. The learned Magistrate shall verify the genuineness of the compromise and pass necessary orders in accordance with law. 7. In view of the above, the present petition stands disposed off. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan