1 2025:CGHC:42660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 711 of 2023 1 - Sunil Agrahari S/o Shri Mohan Lal Agrahari Aged About 48 Years Presently Working As Public Relation Officer, At- Municipal Corporation, Rajnandgaon, R/o District- Rajnandgaon, Chhattisgarh. 2 - Chandrakant Sharma S/o Late Ramkrishna Sharma Aged About 53 Years Presently Working As Chief Municipal Officer, At- Nagar Panchayat, Rajjunda, District- Balod, Chhattisgarh, R/o Rajunda, District- Balod, Chhattisgarh. 3 - Pawan Kumar Nayak S/o Late Netram Nayak Aged About 44 Years Presently Working As- Asstt. Revenue Inspector, At- Municipal Corporation, Durg, Chhattisgarh, R/o Urla Road, Ramnagar, Durg, District- Durg, Chhattisgarh. ... Petitioners versus 1 - State of Chhattisgarh Through Its Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 2 - The Superintendent Of Police Durg, District : Durg, Chhattisgarh 3 - The Station Head Officer Police Station Padnabhpur, District- Durg, Chhattisgarh. 4 - Meharbank Singh S/o Darshan Singh Aged About 50 Years R/o Navjot Apartment, 3rd Floor, Sindhiya Nagar, Durg, District- Durg, Chhattisgarh. ... Respondents ----------------------------------------------------------------------------------------------- For Petitioners : Mr. Rajesh Kumar Kesharwani, Advocate For Respondent Nos.1 to 3/State : Mr. S.S. Baghel, Dy. Govt. Advocate For Respondent No.4 : None appears though served ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 Per Ramesh Sinha, Chief Justice 22.08.2025 1. Heard Mr. Rajesh Kumar Kesharwani, learned counsel for the petitioners as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondent Nos. 1 to 3. 2. The present petition has been filed by the petitioner under Section 482 of CrPC with the following prayer :- “a. This Honble Court may kindly be pleased to call for the entire records pertaining to the impugned FIR. b. This Honb'le Court may kindly be pleased to quash the impugned FIR no. 0035/2023, dt. 20/03/2023 registered by the P. S. [Annexure-A/1]. Padnabhpur, District Durg [C. G.] c. Any other relief as the Hon'ble Court may deem fit and proper.” 3. As per the office report dated 26.04.2023, notice issued to the private respondent No.4 has been served to him. But, inspite of the service of notice, neither the private respondent No.4 nor any counsel is representing on his behalf to contest the matter. 4. Learned counsel for the petitioners submitted that similarly situated petition bearing CRMP No. 820 of 2023 was filed by the co-accused namely Anil Singh Parihar, challenging the impugned order dated 10.08.2022 issued on the basis application filed by the private respondent under Section 156(3) CrPC as well as the 3 impugned FIR, which was allowed vide order dated 19.08.2025 after hearing learned counsel for the parties including the counsel, appearing on behalf of private respondent No.4 in said case and as such, the present petitioners are also entitled for the same benefit. 5. Considering the fact that similarly situated petition bearing CRMP No. 820 of 2023, which was filed by the co-accused namely Anil Singh Parihar, challenging the impugned order dated 10.08.2022 issued on the basis application filed by the private respondent under Section 156(3) CrPC as well as the impugned FIR, which was allowed by this Court vide order dated 19.08.2025 after hearing learned counsel for the parties including the counsel, appearing on behalf of private respondent No.4 in said case and as such, the present petitioners are also entitled for the same benefit. 6. Accordingly, the instant petition is allowed. The impugned FIR bearing Crime No. 0035/2023, dated 20/03/2023 registered by the Police Station, Padnabhpur, District Durg for offence under Section 120-B, 34, 420, 467, 468, 471 with respect to petitioners – Sunil Agrahari, Chandrakant Sharma and Pawan Kumar Nayak is hereby quashed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra