1 2025:CGHC:8597-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 287 of 2021 1 - Ashok Singh Son Of Sitaram Singh Aged About 52 Years Resident Of Quarter No. B/191, Dhelwadih Colony, Post- Katghora, District- Korba (Chhattisgarh), District : Korba, Chhattisgarh 2 - Mahendra Singh Son Of Dharam Singh Aged About 47 Years Resident Of Quarter No. B/195, Post- Katghora, District- Korba (Chhattisgarh), District : Korba, Chhattisgarh 3 - Awadhesh Singh Son Of Siddheshwar Singh Aged About 54 Years Resident Of Quarter No. B/86, Dhelwadih Colony, Post- Katghora, District- Korba (Chhattisgarh), District : Korba, Chhattisgarh 4 - Shyam Bihari Singh Son Of Trivedi Aged About 51 Years Resident Of Quarter No. B/39, Dhelwadih Colony, Post- Katghora, District- Korba (Chhattisgarh), District : Korba, Chhattisgarh 5 - Upendra Kumar Son Of Jeetram Aged About 45 Years Resident Of Quarter No. B/200, Dhelwadih Colony, Post- Katghora, District- Korba (Chhattisgarh), District : Korba, Chhattisgarh 6 - Vipin Mishra Son Of Nityanand Mishra Aged About 53 Years Resident Of Quarter No. B/202, Dhelwadih Colony, Post- Katghora, District- Korba (Chhattisgarh), District : Korba, Chhattisgarh 7 - Jitendra Kumar Son Of Ram Parvesh Aged About 49 Years Resident Of Village- Sutarra, Post- Katghora, District- Korba (Chhattisgarh), District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station- Bankimongra, Distric- Korba (Chhattisgarh), District : Korba, Chhattisgarh 2 - Satya Poojan Mishra Son Of Late Shankar Mishra Aged About 54 Years Resident Of Koriya Colliery, Post- Koriya Colliery, District- Koriya (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) 2 For Petitioner(s) : Mr. Anil S. Pandey, Advocate. For Respondent/State : Mr. N. K. Jaiswal, Panel Lawyer. For Respondent No. 2 : Mr. Jai Prakash Shukla, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 19/02/2025 1. Heard Mr. Anil S. Pandey, learned counsel for the petitioner. Also heard Mr. N. K. Jaiswal, learned Panel Lawyer, appearing for the Respondent/State. Mr. Jai Prakash Shukla, learned counsel for the respondent No. 2. 2. The petitioners who are the accused persons in the case has filed the instant petition under Section 482 of the Code of Criminal Procedure, 1973, impugning and challenging the FIR of Crime No. 09/2019 registered at Police Station Bankimongra, District Korba for the offence under Sections 420, 467, 468, 471, 34 of I.P.C. and also challenging the proceedings of Criminal Case No. 874/2020 pending before the learned Judicial Magistrate First Class, Katghora, District Korba with the following prayer: "It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petition and quash FIR No. 09/2019, final report followed by FIR No. 09/2019 and entire criminal proceedings initiated against the petitioners in criminal case no. 874/2020 pending before the learned Judicial Magistrate First Class, Katghora, District Korba (C.G.) for the offence punishable under Section 420, 467, 468, 471, 34 of Indian Penal Code, in the interest of justice accordingly." 3 3. The subject matter, in brief, is that on 25.11.2017 the respondent No.2 Satya Poojan Mishra have made an application under Section 156(3) of the Code of Criminal Procedure before the learned Judicial Magistrate First Class, Katghora, with the allegation that in between year 1989 to 1991 the land of Khasra No. 59/11, 125/2-G to village Bhojinara Tahsil Katghora District Korba, land of Khasra No. 92/8 of village Dhelwadih Tahsil Katghora District Korba and other lands were acquired by the SECL which was recorded in the name of Pradhan Bhuwan, Patra Paliha, Ramlal Gond resident of village Bhojinara, Khasra No. 218 of village Bhojinara was recorded in the name of Dashrath Singh and Khasra No. 225 and 226 was recorded in the name of Sukhram, Itwar Singh, Bandhan Singh all son of Sonsai Dhanbai wife of Sonsai, Rupsai, Beersai, Nohar Singh, Johar Singh and Budhram Singh, Khasra No. 225 of village Bhojinara was recorded in the name of Shivgovind Singh and Khasra No. 363/1 and 362/2 of village Dhelwadih was recorded at Badejhaadka jungle, Khasra No. 115 of village Bhojinara was recorded in the name of Gajendra Pal Singh but by forging the documents the present petitioners has obtained employment under the rehabilitation policy i.e. one of the family members of the land oustees should be provided employment to SECL but the present petitioners by impersonating themselves to be the legal heirs of the land oustees obtained employment with the SECL on the basis of forged document with the convenience of the Officers of SECL and State Government. Therefore, the FIR may be registered against them and after investigation appropriate action may be against them. 4. After considering the application filed under Section 156(3) of Cr.P.C. and also considering the documents and nature of allegation, the learned trial Court has directed vide order dated 13.04.2018 to register the FIR and to investigate into the matter and thus the FIR of Crime No. 09/2019 was registered by the Bankimongra, police against the petitioners for the offence under Sections 420, 467, 468, 471, 34 of IPC and after due process of inquiry and recording statement of the witnesses, seizure of the documents, final report was submitted before the learned Judicial 4 Magistrate First Class, Katghora on 23.01.2019 for the offence under Sections 420, 467, 468, 471, 34 of IPC, where the Criminal Case No. 874/2020 was registered and the trial of the case is pending which is under challenge in the present petition. 5. Learned counsel for the petitioners would submit that the petitioners are in service since more than 25 years and after verification of the entire documents with respect to the ownership of the land and entitlement of the petitioners, they have been provided employment against the land oustee whose land have been acquired by the SECL in between 1989 to 1991. No complaints have been made by any of the authorities but the 3rd party who is having no interest in the subject matter have moved the complaint. There is no offence committed by the petitioners and there is inordinately in lodging the report. The respondent no.2 has no locus to challenge the appointment of the petitioners and it is only a pressure tactic to extort money from them, he lodge the report against them, therefore, the impugned FIR as well as criminal proceedings may be quashed against the petitioners. 6. On the other hand, learned counsel for the State as well as private respondent would vehemently opposes the submissions made by learned counsel for the petitioners and have submitted that during the course of inquiry as well as investigation, statement of land oustees have been recorded in which they denied the relationship of the petitioners with them and even they have stated that they did not know the present petitioners. Therefore, the case of the petitioners itself is suspicious that they obtained the rehabilitation employment without having any land at village Bhojinara, Arda, Singhali and Dhelwadih and no lands of their fathers or themselves were acquired by the SECL taking after forging the documents and withe collusion of the employees of the SECL, by fraudulently claiming the legal heirs of the land outstees the petitioners obtained employment in the SECL and in the inquiry sufficient material has been found against the petitioners that they obtained employment on the basis of forged documents for which they are being prosecuted. They would further submits that since the matter relates to the disputed 5 question of facts which cannot be decided in the present petition and the same can be adjudicated after recording the evidence of the parties, therefore, the present petition is liable to be dismissed. 7. We have heard learned counsel for the parties and perused the material annexed with the petition. 8. The crux of the matte is that as reflected from the documents annexed with the petition that the land oustees were having certain lands at village Bhojinara, Arda, Singhali and Dhelwadih, Tahsil Katghora, District Korba which were acquired in between 1989 to 1991 by the SECL. There was a provision to provide employment to one family member of the land oustees under the rehabilitation policy. The petitioners have got employment as one of the family members of the land oustee whereas the declaration given by the petitioners by various affidavits as well as in other documents that they are the legal heirs of the land oustees, disputed by other side which are definitely the question of fact which are to be decided after leading evidence of the parties. In the facts and circumstances of the case as well as the material collected during the investigation, this Court does not found deem fit to exercise the jurisdiction under Section 482 of Cr.P.C. to decide the disputed question of facts in the present petition. 9. In view of the above the present petition sans merit and is hereby dismissed. 10. Interim order, if any, stands vacated. 11. The copy of this order be forwarded to the learned trial Court for information and necessary action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.03.03 18:39:58 +0530