1 2025:CGHC:57212-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 235 of 2025 Siddhanshu Mishra S/o Shri M.L. Mishra, aged about 39 years R/o A- 39, Songanga Colony Sarkanda District Bilaspur (C.G.) (Original Name is Siddhanshu Mishra) --- Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department of Home Affairs, Mantralaya, Naya Raipur, Chhattisgarh 2 - Anti Corruption Bureau, Through Superintendent Of Police, Raipur Chhattisgarh 3 - Superintendent of Police District Bilaspur, Chhattisgarh 4 - Station House Officer Police Station Sarkanda, District Bilaspur, Chhattisgarh 5 - Rajneesh Sahu S/o Palakram Sahu R/o Shyam Plaza, Nutan Chowk, Sarkanda, Bilaspur, Chhattisgarh --- Respondents For Petitioner : Mr. Anikit Pandey, Advocate. For Respondent/State : Mr. Shashank Thakur, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 25.11.2025 1 Heard Mr. Ankit Pandey, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondents. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 2 The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayers: “10.1 Quash and set aside FIR No. 574/2016 dated 29.08.2016, registered at Police Station Civil Lines, Raipur, along with the impugned letter dated 21.01.2025 issued by the Superintendent of Police, Bilaspur, directing further investigation in respect of the said FIR, as being arbitrary, illegal, without jurisdiction, and in gross violation of the settled principles of criminal jurisprudence; 10.2 Declare that any further or continued investigation, including issuance of summons, arrest, interrogation, or submission of any supplementary charge sheet in connection with FIR No. 574/2016 after the filing of the closure report on 30.11.2018 and the disposal of W.P. (Cr.) No. 304/2016 by this Hon'ble Court vide order dated 21.06.2019, is null and void, without jurisdiction, and non-est in the eyes of law, having not been directed or permitted by any competent court under Section 173(8) of Cr.P.C.; 10.3 Issue a writ of Mandamus, or any other appropriate writ, order or direction, restraining the Respondents from initiating or continuing any coercive proceedings, further investigation, against the Petitioner in relation to FIR No. 574/2016; 10.4 Award exemplary costs or compensation to the Petitioner for the unwarranted arrest, deprivation of liberty, reputational damage, and abuse of process caused by the illegal revival of a closed investigation; 10.5 Pass such other and further order(s) as may be deemed just and proper in the facts and circumstances of the present case and in the interest of justice.” 3 3 Brief facts of the case are that an application under Section 156(3) of CrPC was made by the respondent No.5 i.e. complainant Rajneesh Sahu before the Hon’ble Special Judge stating that Siddhanshu Mishra (petitioner herein) on the basis of Power of Attorney executed by Smt. Sonia Bai and others, owners of lands bearing Khasra Nos. 424/1, 424/4, 424/5 & 424/6 measuring 0.223 hectare, obtained information under 22 points from concerned patwaris namely Chandra Ram Banjare & Kamal Kishore Kaushik and sold them to various people namely Aruna Sharma, Chandra Kumari Furnawis, Vilash Sharma, Nalini Shukla, Archana Jaiswal and others. As the lands of these khasras were not available on the spot, the possession of lands bearing Khasra No. 409 were given to the respective purchasers. The Tahsildar namely Ghanaram Banjare who was the then posted also passed the order of mutation on the basis of sale deeds. It was alleged in the application that the alleged accused persons namely Sudhanshu Mishra, Patwaris Chandra Ram Banjare, Kamal Kishor Kaushik and the then Tahsildar Ghanaram Banjare prepared forged documents and obtained pecuniary benefits, therefore, the offences be registered against them for offences punishable U/s 420, 120(B), 467, 468, 465, 471, 474 of IPC and Section 13 (1) (D) and 13 (2) of Prevention of Corruption Act. Upon direction issued by the learned Special Judge, the offence was registered at Crime No. 574/2016 and investigation was started. 4 Being aggrieved by the same, the present petitioner had earlier approached this Court seeking similar reliefs as prayed for in the preset 4 petition, by filing WP(Cr) No. 304 of 2016 under Article 226 of the Constitution of India, challenging the FIR bearing Crime No. 574 of 2016 registered at Sarkanda Police Station and during the pendency of said writ petition the investigation was conducted by the then DSP Traffic, Bilaspur and during the course of investigation, a report from Additional Tahsildar, Bilaspur was called for and on the basis of said report, though a closure report was prepared, but the same has not been forwarded to the competent Court of law. Later on, upon enquiry being made with respect to the directions given by this Court under Section 156(3) CrPC for investigation of the matters which were pending, the present case was scrutinized once again and found that though the closure report was prepared way back on 30.11.2018, but the same has not been forwarded to the competent Court, therefore, the Superintendent of Police, Bilaspur vide impugned order dated 21.01.2025 directed for re-investigation of the present case, which culminated in the arrest of the petitioner on 10.03.2025 and he was produced before the Special Court along with case diary and a request for judicial custody till 24.03.2025 was made, but the petitioner was enlarged on bail vide order dated 11.03.2025. 5 Being aggrieved by the impugned order dated 21.01.2025 directing for re-investigation of the present case, the present petition has been filed by the petitioner. During the pendency of present petition, an affidavit has been filed by the Director General of Police, State of Chhattisgarh informing this Court that action has been taken against the responsible officers of the Police Station, Sarkanda, 5 Bilaspur and the fine has been imposed upon them vide report dated 05.05.2025. 6 Today, when the matter is taken up for hearing, it has been informed by learned counsel for the parties that charge-sheet has already been submitted before the competent jurisdictional Court on 21.11.2025 and certified copy of the same has been filed along with rejoinder filed by the petitioner and it is stated that the cognizance is yet to be taken on the same. 7 In that view of the matter, learned counsel for the petitioner, after arguing at length, seeks permission of this Court to withdraw the instant petition with liberty to file afresh to take recourse to the charge-sheet filed against the petitioner. 8 Accordingly, the instant petition is dismissed as withdrawn with liberty as prayed for. 9 Certified copy of the charge-sheet and other documents, if any, filed by the petitioner along with this petition shall be returned back to the petitioner after retaining photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra