2025:CGHC:7477-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 452 of 2025 Dev Prasad Joshi S/o Shri Shail Kumar Aged About 42 Years R/o Village- Manki, Police Station- Lormi, District- Mungeli (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Kunkuri, District- Mungeli (C.G.) 2 - Shosan Barwa D/o Agastus Barwa R/o Bhursa, Police Station- Kunkuri, District- Jagdalpur (C.G.) (Complainant) ...Respondents (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Rajeev Kumar Dubey, Advocate For Respondent/State : Shri Shashank Thakur, Dy AG --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per Ramesh Sinha, Chief Justice 12.02.2025 Heard Shri Rajeev Kumar Dubey, learned counsel for the petitioner. Also heard Shri Shashank Thakur, learned Dy AG, appearing for the respondent/State. 1. Petitioner has filed the present petition with the following prayer: “It is, therefore, prayed that this Hon’ble court may kindly be pleased to allow the petition and pleased to quash the FIR bearing Crime No.94/2015 dated registered at Police Station- Crmp 452 of 2025 2 Kunkuri, District-Jashpur (CG) in respect of the applicant, in the interest of justice.” 2. In compliance of Court order dated 05.02.2025, the Director General of Police, State of Chhattisgarh has filed an affidavit, which is reproduced hereunder for ready reference: 01. That, I am the Director General of Police, Police Headquarter -Raipur, Chhattisgarh and as such I am aware of the facts and circumstances of the case. 02. At the outset, the deponent respectfully submits that, he is duty bound to follow all the directions & orders passed by this Hon'ble Court from time to time and is having deepest & highest regard for this Hon'ble Court. He shall take all measures to ensure compliance of the orders and directions of this Hon'ble Court and shall leave no stone unturned to see that the commands of this Hon'ble Court are punctually obeyed. 03. That, the instant criminal miscellaneous petition has been filed by the petitioner for quashing of the FIR bearing Crime No.94/2015 (in respect of the petitioner) registered at Police Station Kunkuri, Distt.Jashpur (C.G.). In the present Crime No. 94/2015 charge sheet has been filed only against the со- accused person. Crmp 452 of 2025 3 04. That, the Hon'ble Court after hearing the case, vide order dated 05.02.2025 was pleased to direct the Director General of Police, State of Chhattisgarh to file his personal affidavit in the matter calling upon the explanation of the concerned Investigating Officer as to why the investigation of the present case has not been completed when the FIR was lodged way back on 06.06.2015 and the petitioner has been enlarged on anticipatory bail vide order dated 04.11.2015 in M.Cr.C. No. 1073 of 2015 and as it is stated on behalf of the learned counsel for the petitioner that after about 91/2 years, the Police is summoning the petitioner/ accused for the purpose of investigation. 05. 05. It is most humbly submitted that in compliance of the Hon'ble Court's order dated 05.02.2025 the deponent / Director General of Police Chhattisgarh directed the Superintendent of Police, Jashpur to issue explanation to the concerned Investigation Officers of Crime No. 94/2015 and after receiving the explanation initiate the disciplinary action against the responsible officers. Copy of order dated 05.02.2025 is filed herewith as ANNEXURE D/1. 06. That, the deponent most humbly and respectfully submit that the IGP Surguja Range, Surguja has submitted a detailed report thereby mentioning that the Superintendent of Police, Crmp 452 of 2025 4 Jashpur has directed the Sub Divisional Officer (Police), Kunkuri Dist. Jashpur to call the explanation from the concerned Investigation Officers of Crime No. 94/2015. Copy of the IGP Surguja, order dated 10-02-2005 and order Of S.P. Jashpur dated 05.02.2025 is filed herewith as ANNEXURE D/2 & D/3. The Sub Divisional Officer (Police), Kunkuri, Distt. Jashpur called explanation to all the concerned Investigation Officers. After receiving the explanations, the Sub Divisional Officer (Police), Kunkuri, Distt. Jashpur submitted report before the Superintendent of Police, Jashpur (C.G.). Copy of report dated 08.02.2025 is filed herewith as ANNEXURE D/4. 07. That, since the explanation submitted by the Police Personnel were not found satisfactory, the Superintendent of Police, Jashpur imposed penalty to entry of Censure in the service record of the Inspector Smt. Mallika Tiwari, Inspector Smt. Usha Soundhiya, Inspector Lalji Sinha, Inspector Vishal Kujur, Inspector Bhaskar Sharma and Sub Inspector Sunil Singh. Copy of order dated 09.02.2025 is filed herewith as ANNEXURE D/5. 08. That, vide order dated 09.02.2025 the Superintendent of Police, Jashpur imposed penalty of withholding of one increment without cumulative effect upon Sub Inspector Jogendra Sahu, Sub Inspector Saklu Ram and Assistant Sub Crmp 452 of 2025 5 Inspector Josik Ram Kurre. Copy of order dated 09.02.2025 is filed herewith as ANNEXURE D/6. 09. It is submitted that the Superintendent of Police, Jashpur also imposed penalty to Entry of Warning in the Service Record of Head Constable Govind Ram Yadav. Copy of order dated 09.02.2025 isfiled here as ANNEXURE D/7. 10. It is further submitted that the Superintendent of Police, Jashpur also issued his displeasure to Shri Bhanu Pratap Chandrakar, Dy. Superintendent of Police (Bastar Fight), Sukma and Shri Nitesh Kumar Gautam, Additional Superintendent of Police, Khairagarh, who were posted as Intern Dy. Superintendent of Police at Police Station Kunkuri and did not investigate in Crime No. 94/2015. Copy of orders dated 09.02.2025 are filed herewith as ANNEXURE D/8. 11. It is most humbly and respectfully submitted that the direction has been issued to the Station House Officer, Police Station Kunukuri, Distt. Jashpur (CG) to complete the investigation in Crime No. 94/2015 as early as possible and file the chargesheet before the competent Court immediately. Copy of order dated 06.02.2025 is filed herewith as ANNEXURE D/9. It is submitted that on 07.02.2025 the specimen signature of the accused/ petitioner has been taken and same will be sent to verify the signature on the question Crmp 452 of 2025 6 document to Handwriting Expert. It is submitted that the investigation in the case is going on and chargesheet may be filed before the Competent Court within four weeks. It is further respectfully submitted that the deponent has the highest regards and respect for the lawful authority of this Hon'ble Court as well as its orders and directions issued from time to time and its duty bound to adhere to and abide by the orders. 3. So far as merit of the case is concerned, it is stated by the learned counsel for the State that specimen signatures found on the Admit Cards of the students, who were not actually admitted, have been sent for verification, and the report of the handwriting expert is still awaited, and the same will be available within four weeks, and the Police report under Section 173(2) of the CrPC would also be submitted in accordance with law before the competent Court. 4. Learned counsel for the petitioner would submit that petitioner is an authorized person for issuing of the Admit Cards, and therefore, no offence is made out against the petitioner. It is further submitted that petitioner has also been granted anticipatory bail by this Court, on 04.11.2015 in MCRC(A)-1073 of 2015. 5. As the matter is under investigation, and the same is to be brought to its logical end, which was held up for the past ten years, and the erring officials, who have been colluded with the petitioner have been Crmp 452 of 2025 7 taken to task by the Director General of Police, Chhattisgarh, and the petitioner is already on bail, we do not find any good ground for interference in the matter. However, investigation to be concluded expeditiously within a period of six weeks. 6. In view of above, present petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma