1 2025:CGHC:7462-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 423 of 2025 1. Harish Chandra Verma S/o Late Shri Bhaiyalal Verma Aged About 61 Years Occupation- Service, Presently Posted And Working As Sub-Divisional OfÏcer, Public Works Department, Bridge Construction, Sub-Division- 1, Bilaspur, R/o Bhaiya Sadan, Near Om Zone Gate, Shubham Vihar, Bilaspur, District Bilaspur, Chhattisgarh. 2. Nandan Chandrakar S/o Late Bulaki Ram Chandrakar Aged About 53 Years Occupation- Service, Presently Posted And Working As Sub-Engineer, Public Works Department, Bridge Construction, Sub-Division- 1, Bilaspur, R/o Near Sheetla Mandir, Muktidham Chowk, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Station House OfÏcer, Police Station- Jarhagaon, Mungeli, District Mungeli, Chhattisgarh. 2. Chandrakant Chandrawanshi S/o Manju Ram Chandrawanshi Aged About 32 Years Presently Posted And Working As Nayab Tahsildar, Tahsil- Pathariya, District Mungeli, Chhattisgarh. Permanent R/o Village- Lakhanpurkala, Piapriya, District Kabirdham, Chhattisgarh. ...Respondent(s) For Petitioners : Mr. Malay Shrivastava, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.02.12 17:14:23 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 12.02.2025 1. Heard Mr. Malay Shrivastava, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayer: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the instant petition and quash the First Information Report No. 160 of 2024 dated 01.08.2024 registered at Police Station Jarhagaon, Mungeli, District Mungeli (C.G.) for the offence punishable under Section 420, 34 of the Indian Penal Code (IPC) against the petitioners, in the interest of justice.” 3. Learned State counsel submits that in compliance of the order dated 03.02.2025 passed by this Court, the Director General of Police, Police Headquarters, Nava Raipur (C.G.) has filed his personal afÏdavit on 10.02.2025, which is on record as under: “3. That, in compliance of the order passed by the Hon’ble Court dated 03.02.2025, the deponent respectfully submits as under: 3 (i) The deponent has immediately acted upon it and directed the Superintendent of Police, District Mungeli (C.G.) by the letter dated 06.02.2025, to determine the responsibility of the guilty Investigating OfÏcer, In-charge Police Station and supervisory ofÏcer of the case and after disciplinary action, to submit the report immediately through the Inspector General of Police Bilaspur Range. The Deponent has also directed that after completing the investigation of the case in accordance with law, submit the final report before the competent Court as early as possible. Copy of letter dated 06.02.2025 is annexed & marked herewith as Annexure A/1. (ii) That, the Deponent most humbly & respectfully submits that the Superintendent of Police, Mungeli has submitted a detailed report throughout IGP Bilaspur Range, Bilaspur thereby mentioning that, the Superintendent of Police, Mungeli issued a charge-sheet for conducting a Departmental Enquiry against the delinquent Sub Inspector Shri Sushil Kumar Banchhor In-charge Police Station – Jarhagaon, District Mungeli, with regard to violating Para 64(2), (4) of Police Regulation by showing negligence and indifference in the ofÏcial duties by not completing the investigation within a time stipulated after receiving the case diary of Crime No. 160 of 2024 for offence under Section 420, 34 of the IPC. Copy of the SP, District Mungeli, letter dated 10.02.2025 and charge-sheet issued to Shri Sushil Kumar Banchhor In-charge Police Station Jarhagaon, District Mungeli, dated 06.02.2025 is annexed & marked herewith as Annexures A/2 & A/3. 4 (iii) That, the Deponent humbly submits that, in respect of applicants, the final report under Section 173(8) of the Cr.P.C. in connection with the Crime No. 160 of 2024 Police Station Jarhagaon, District Mungeli has been filed on 10.02.2025 before the competent Court. Copy of final report is filed herewith as Annexure A/3. (iv) That, the in respect of the other accused namely Naresh Thakur the evidence has to be collected for which communication has been sent to the Revenue Department and Public Works Department for seeking the relevant document and after receiving the same, the supplementary charge-sheet will be filed before the competent Court of jurisdiction.” 4. From perusal of the said afÏdavit, it transpires that the Superintendent of Police, Mungeli has submitted a detailed report throughout IGP Bilaspur Range, Bilaspur mentioning that the Superintendent of Police, Mungeli issued a charge-sheet for conducting a Departmental Enquiry against the delinquent Sub Inspector Shri Sushil Kumar Banchhor In-charge Police Station – Jarhagaon, District Mungeli, with regard to violating Para 64(2), (4) of Police Regulation by showing negligence and indifference in the ofÏcial duties by not completing the investigation within a time stipulated after receiving the case diary of Crime No. 160 of 2024 for offence under Section 420, 34 of the IPC and it is also evident that the Police Report has already been submitted before the competent Court on 10.02.2025. 5. The learned counsel for the petitioners seeks permission of this Court to withdrawn the present petition with a liberty to challenge the 5 charge-sheet filed against the petitioners. 6. Considering the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with liberty to the petitioners to take recourse to law, if aggrieved by the charge-sheet. 7. The result of the departmental enqiry which has been taken against Shri Sushil Kumar Banchhor In-charge Police Station – Jarhagaon, District Mungeli (C.G.) shall be forwarded to this Court by the Director General of Police (C.G.) to the Registrar General of this Court, who shall be placed the same in the Chamber for perusal within a period of four weeks from today. 8. The Registrar (Judicial) is directed to send a copy of this order to the Director General of Police (C.G.) for necessary information and compliance. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan