1 2026:CGHC:5242-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 92 of 2024 Shashi Bhushan Karna S/o R.L. Das Aged About 55 Years Presently Residing At 6th Floor Central Bank Of India, Fortfloro Fountain, M.G. Road, Hatamachowk, Mumbai, Maharashtra ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Tarbahar, Bilaspur, Chhattisgarh. 2 - Ramnath Singh S/o Late Shri Jang Bahadur Aged About 52 Years R/o Gali No. R-4, Vinoba Nagar, Police Station Tarbahar, District - Bilaspur, Chhattisgarh. (Complainant) ... Respondent(s) For Petitioner(s) : Mr. Anand Shukla, Advocate For Respondent(s) : Mr. N. K. Jaiswal, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 30 .01.2026 SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.01.30 18:14:59 +0530 2 1. Heard Mr. Anand Shukla, learned counsel for the petitioner as well as Mr. N. K. Jaiswal, learned Dy. Govt. Advocate for the State/ respondent. 2. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.), the petitioner seeks quashing of the charge sheet dated 08.07.2023 filed in relation to the FIR dated 19.12.2021 bearing Crime No. 269/2021 registered at Police Station, Tarbahar, for the offence under Section 420, 467, 468, 471, 120-B and 34 of the Indian Penal Code. 3. The case of the petitioner, in brief, is that a complaint was filed by respondent No.02. alleging that co-accused Rajesh Seth and Rajini Seth. who were partners of Walla & Company, and for which Vinayak House was a project, constructed a multi-storeyed building on a piece of land. The complainant claimed that he secured a loan for purchasing flat No. 405. measuring 1268 sq. ft., on the third floor, for a total of Rs. 39 Lakhs. A portion of the amount was deposited as earnest money, and the remaining funds were acquired through a loan from Cent Bank. It was further alleged that the builder, in connivance with Cent Bank officials got disbursed the entire loan to the builder, despite the complainant not yet receiving possession of the flat. Additionally, it was asserted that the construction of the building encroached upon government land illegally, constituting an offence. 4. According to Mr. Shukla, the petitioner is the employees of the recruitment agency who were temporarily appointed by the Cent 3 Bank and have been falsely roped in the offence. The petitioner was not given any authority to sanction or disburse any loan which is the subject matter of the allegation against the petitioner and same is also evident from the letter 19/04/2022. Despite of that the prosecution has registered the offence in connection with Crime No. 269/2021 for the alleged offence punishable under 420, 467, 468, 471, 120-8 & 34 of IPC. Charge-sheet has also been filed in instant matter wherein charges under section 420 & 34 of IPC has been leveled against the present petitioner. These charges pertain to disbursement of the last installment without consent. The complainant vide letter dated 16.03.2018 himself have stated that: "I am facing critical situation in relation to my home construction work and very bad behavior of builder and his pending work. So I here decided to stop payment of disbursement until the work satisfaction is not verified by me." 5. Mr. Shukla further submits that even if the averment made in the letter is take as it is, it clearly indicates the complainant's dissatisfaction with the builder's conduct. Furthermore, it becomes evident from the complaint itself that subsequent to the disbursement, the complainant regularly fulfilled the loan installment payments until 11.07.2019. Therefore the charge- sheet has failed to disclose any ground to presume that the present petitioners have committed any offence for which they were charged. The petitioner is the employees of the recruitment agency who were temporarily appointed by the Cent Bank and 4 have been falsely roped into the charges. The petitioners have not been given any authority to sanction or disburse any loan which is the subject matter of the allegation against the petitioners and same is also evident from the letter 19.04.2022. Despite of that, the prosecution has registered the offence in question against them. It is nothing but a case of malicious prosecution. 6. The petitioners had moved an application for grant of anticipatory bail before this Hon'ble High Court and the Hon'ble Court in MCRCA No. 339/2022 was pleased to grant anticipatory bail to the petitioner vide order dated 21.03.2022. 7. On the other hand, learned counsel for the State submits that the charge sheet has been filed and the trial is in progress, no interference is warranted at this stage. 8. We have heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 9. It has been pointed out that that this Court had an occasion to consider and decide an identical issue pertaining to the petitioners herein wherein the petitioners had sought quashing of the charge sheet dated 16.10.2023 filed in relation to the FIR dated 28.06.2020 at Police Station, Tarbahar, forthe offences under Sections 420, 467, 468, 471, and 34 of the IPC, in Cr.M.P. No. 2837/2023 and this Court, vide order dated 01.07.2024 disposed of the said petition reserving liberty to the petitioners to raise all objections/ grounds before the trial Court concerned. The issue 5 and the facts being identical, we are of the considered opinion that this case may also be disposed of in the same terms. 10. As the petitioners are named in the FIR, investigation has been completed and charge sheet has been filed which is challenged herein, we do not deem it appropriate to interfere with the proceedings pending before the trial Court concerned and as such, this petition stands disposed of. However, the petitioners are at liberty to raise their objections/grounds at an appropriate stage before the trial Court concerned/appropriate forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice sagrika