1 2025:CGHC:8111-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 590 of 2025 Radheshyam Singh Rajput S/o Late Shri Mohan Singh Rajput Aged About 60 Years R/o Gram Panchayat Parpoda, Tahsil Berla, Police Station Outpost Devkar, Police Station Saja, District- Bemetara, Chhattisgarh. ( Accused ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The S.H.O. Police Station Saja ( Police Outpost Devkar ) District- Memetara, Chhattisgarh. ( Prosecution ) 2 - Shri Chinilal Sahu S/o Shri Mehtaru Ram Sahu Aged About 48 Years R/o Village Nawagaon, Police Station Chandanu Sankul Sahayak Swachha Bharat Mission Gramin, Janpad Panchayat Berla, District- Bemetara, Chhattisgarh. ( Authorized Complainant ) 3 - The Chief Executive Officer Janpad Panchayat Berla, District- Bemetara, Chhattisgarh. ( Complainant ) ... Respondent(s) For Petitioner(s) : Mr. Siddharth Pandey, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board 2 Per Ramesh Sinha, Chief Justice 17.02.2025 1. Heard Mr. Siddharth Pandey, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, Deputy Government Advocate, for the respondent / State. 2. The petitioner has filed this petition with following prayer: “(i) the FIR bearing No. 371/2022 registered at Police Station Saja, District Bemetara, CG., (ii) consequent Charge Sheet bearing No. 154/2024 dated 23.05.2024 emanating from the FIR stated above filed for the commission of an offence punishable under Section 420 of IPC, (iii)the order dated 24.05.2024 taking cognizance of the aforesaid charge sheet and consequent orders, and (iv)the entire proceedings of Criminal Case No. 547/2024 parties being 'State of C.G. vs. Radheshyam Singh Rajput' pending before the court of Judicial Magistrate First Class Saja, District Bemetara, CG., in the ends of justice” 3. Brief facts of the case are that earlier Shri Sunil Singh Rajpur and Shri Tejram Sahu, residents of Gram Panchayat Parpoda, Tahsil Berla, Police Outpost Devkar, Police Station Saja, District Bemetara, C.G. lodged a complaint with the Lokpal, District Bemetara, C.G. against the petitioner/Sarpanch, Shri Rambilas Dinkar, the then Panchayat Secretary, Shri Punaram Banjare, 3 Panchayat Secretary, Ms. Sangeeta Sahu, the then Rojgar Sahayak, and Smt. Sanju Sahu, Rojghar Sahayak. The matter was registered as Case No. 12/9:1:12/year 2017-18 dated 09.03.2018. It was held that in the years 2015-16 and 2016-17 works were sanctioned towards the construction of 544 toilets under the MGNREGA scheme for Gram Panchayat Parpoda which amounted to Rs. 65.28 lakhs; some beneficiaries got their toilets constructed on their own; the amount of construction material was sanctioned by Janpad Panchayat without completion certificate; the amount still remains to be paid to some beneficiaries; the construction of toilets of some beneficiaries still remains to be completed; the purchase rules were not followed while purchasing the construction materials and continuous monitoring, evaluation and inspection was not conducted by higher authorities. Vide award dated 16.07.2019, the petitioner was directed to deposit Rs. 17,06,679/- with the Zila Panchayat Bemetara on the grounds that he purchased the construction material and made payments contrary to the purchase rules and thus committed irregularity in the construction of toilets. A cost of Rs. 1000/- was also imposed upon the petitioner and a recommendation was made to lodge an FIR against the petitioner for committing financial irregularities. Respondent No. 3 lodged a written complaint on 09.11.2022 (authorizing respondent No. 2 to pursue the matter) against the petitioner with the Station House Officer, Police Station Saja, District Bemtara, CG. inter alia on the 4 ground that toilets were constructed under the MNREGA scheme in Gram Panchayat Parpoda, Janpad Panchayat Berla against which Shri Sunil Singh Rajput had lodged a complaint with Lokpal wherein on finding irregularities, a recommendation was made to recover Rs. 17,06,679/- from the Sarpanch/petitioner, failing which an FIR was directed to be lodged. Based on the written complaint of respondent No.2/complainant, on 10.11.2022 an FIR bearing Crime No. 371/2022 was registered at Police Station Saja, District Bemetara, CG for the commission of offence punishable under Section 420 of IPC against the petitioner. Pursuant to the recommendation of the Lokpal, District Bemetara, CG. regarding the recovery of Rs. 17,06,679/- along with a cost of Rs. 1,000/- from the petitioner, he deposited Rs. 2,00,000/- (two lakhs) on 22.03.2023 through cheque No. 010740, Rs. 1,00,000/- (one lakh) on 26.06.2023 through cheque No. 010743, Rs. 1,00,000/- (one lakh) on 08.01.2024 through cheque No. 010759, Rs. 10,06,679- (then lakhs six thousand six hundred seventy nine) on 05.04.2024 through cheque No. 010773, Rs. 3,00,000/- (three lakhs) on 19.04.2024 through cheque No. 010775 and Rs. 1,000/- (one thousand) on 03.05.2024 in the bank account of Chief Executive Officer. The factum of depositing the entire amount of recovery along with the cost is further substantiated by a letter dated 16.05.2024 issued by respondent No. 3 to the Chief Executive Officer, Zila Panchayat Bemetara, CG. After lodging of the aforesaid FIR, the wheels of investigation began to run. The 5 Police conducted the investigation, recorded the statement of the witnesses, seized various relevant documents from the authorities and after completion of it, the charge sheet bearing No. 154/2024 dated 23.05.2024 was filed before the jurisdictional Magistrate for the commission of an offence punishable under Section 420 of IPC against the petitioner. One Shri Kamal Narayan Rajput, R/o Village Parpoda, Post Mohbhattha, Block Berla, District Bemetara, CG. on 12.08.2021 sent a written complaint to Chhattisgarh Lok Ayog, Raipur, CG. stating that vide award dated 16.07.2019, Rs. 17,06,679/- was directed to be recovered from the petitioner and a recommendation was also made to lodge an FIR but no action had been taken. The aforesaid complaint was registered as Misc. Case No. 105/2021. A report was also sought from the concerned department. On finding that the entire recommendations of the Lokpal, District Bemetara have been complied with, the complaint was disposed of since nothing survived for adjudication. Vide order dated 24.05.2024, the learned Judicial Magistrate First Class Saja, District Bemetara, CG. took cognizance of the offence and the Criminal case No. 547/2024 parties being 'State of CG/. vs. Radheshyam Singh Rajput' was registered against the petitioner. The petitioner appeared and furnished bail bonds, thereafter, he was released on bail by the learned trial Court. The matter was fixed for framing of charge on 14.06.2024. Thereafter, the matter was listed for hearing on 26.06.2024, 18.07.2024, 02.08.2024, 27.09.2024, 08.11.2024 and 15.01.2025. The next 6 date of hearing is 11.02.2025. 4. Learned counsel for the petitioner submits that the further prosecution of the petitioner would be a futile exercise since the entire recoverable amount of Rs. 17,06,679/- along with a cost of Rs. 1,000/- inflicted upon the petitioner has already been deposited by him with respondent No. 3 and this fact can be verified from the letter dated 16.05.2024 issued by respondent No. 3. The offence punishable under Section 420 of the IPC is compoundable in nature. 5. Learned counsel appearing for the State opposes the prayer for quashing of the FIR bearing No. 371/2022 and submits that since the charge-sheet has already been filed and charges have already been framed in the present matter, this petition has virtually become infructuous and as such, the same may be dismissed. 6. We have heard learned counsel for the parties and perused the documents appended with petition. 7. Considering the submissions advanced by learned counsel for the petitioner that the petitioner has already deposited the entire recoverable amount inflicted upon him with respondent No. 3, cannot be a ground for quashing of the FIR as the charge-sheet discloses cognizable offence against the petitioner and further in pursuance of the charge-sheet, charges have also been framed against the petitioner. Hence, the investigation pending against 7 the petitioner has to be proceeded in accordance with law and taken to a logical end. 8. Accordingly, this petition being devoid of merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet