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2026 DAILYLAW 27484 (CHH)

REKHA NEWARE v. STATE OF CHHATTISGARH

WPCR/396/2026 · 2026-07-15

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010233152026 2026:CGHC:30124-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 396 of 2026 1 - Rekha Neware W/o Sh. Ramdayal Neware Aged About 48 Years R/o Ward No. 10, Gram- Tirodi, Vtc- Kharpadiya, Po- Tirodi, Sub-District- Katangi, District- Balaghat, Madhya Pradesh- 481449 2 - Nilesh Keshorao Gajbhiye S/o Sh. Keshorao Gajbhiye Aged About 41 Years R/o New Shastri Ward, Near Yashoda Sabhgruh, Vtc- Gondiya, Po- Gondia, Sub-District- Gondiya, District- Gondiya, Maharashtra- 441601 3 - Panchu Lal Pandhre S/o Sh. Moti Ram Pandhre Aged About 39 Years R/o Village- Jamdi, Police Station- Kasauli, District- Gondiya, Maharashtra 4 - Buddhadas Premdas Ramtake S/o Sh. Premdas Ramtake Aged About 46 Years R/o Dhwani Apartment Sister Colony Naginabag, Chandrapur, District- Chandrapur, Maharashtra ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department of Home, Raipur (Chhattisgarh) 2 - The Registrar of Companies Ashok Pingley Bhawan, 1st Floor, Municipal Corporation, Nehru Chowk, P.S. Civil Line, Bilaspur (Chhattisgarh)- 495001 3 - Securities and Exchange Board Of India Through The Chairman, Plot No. C4-A, G Block, Bandra-Kurla Complex, Bandra (East), Mumbai- 400051, Maharashtra 4 - Ministry of Corporate Affairs Through The Principal Secretary, Government of India, Shastri Bhawan, New Delhi- 110001 5 - Kamlesh Verma S/o Paltan Ram Verma Resident Of Shubh Labh House N Riddhi Siddhi Colony, Dongargaon Road Phase-1, Ward No. 45, Rajnandgaon Chhattisgarh. 491441 6 - Udaksha Kumar Verma S/o Bhaiya Ji Verma Resident Of Qr. Near Hanuman Mandir, Ward No. Jiratola, Rajnandgaon, Chhattisgarh. Presently At Riddhi Siddhi Colony, P.S.- Kotwali, Rajnandgaon, Chhattisgarh ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 7 - Ved Prakash Verma S/o Chaturbhuj Verma R/o Village- Chaweli, Post- Kaprikhurd, Police Station- Ghumka, District- Rajnandgaon, Chhattisgarh ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Vivekanand Samaddar, Advocate For Respondent State : Mr. Ashish Shukla, Additional Advocate General ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 16.07.2026 1. Heard Mr. Vivekanand Samaddar, learned counsel for the petitioners as well as Mr. Ashish Shukla, learned Additional Advocate General, appearing for the State/respondent. 2. The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking following reliefs : “1. 1. Issue an appropriate writ, order or direction in the nature of Certiorari quashing Complaint Case No. 56/2016 under Section 220 of the Companies Act, 1956, Complaint Case No. 57/2016 under Section 159 of the Companies Act, 1956, Complaint Case No. 02/2018 under Section 137 of the Companies Act, 2013, Complaint Case No. 27/2022 under Section 207(4) of the Companies Act, and Complaint Case No. 50/2024 under Section 454(8) of the Companies Act, 2013, along with all consequential proceedings, cognizance orders, summons, warrants and coercive actions pending before the Court of Learned Chief 3 Judicial Magistrate, Bilaspur, Chhattisgarh, against the Petitioners, in the interest of justice. 2. Issue an appropriate writ, order or direction quashing FIR No. 75/2016 dated 10.11.2016 registered at Police Station Bhoramdev, District Kabirdham (Chhattisgarh) for offences under Sections 420, 406 and 34 IPC, Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005, qua the present Petitioners, as the continuation of criminal proceedings against innocent commission-based agents amounts to gross abuse of process of law and violation of Articles 14 and 21 of the Constitution of India. 3. Issue an appropriate writ, order or direction quashing and setting aside Recovery Order No. RO/214/2022 arising out of Recovery Certificate No. 997/2016 dated 28.01.2022 issued by SEBI against the Petitioners, being arbitrary, illegal, unconstitutional and passed without determining the actual role, financial benefit, control, or management authority of the Petitioners. 4. Issue an appropriate writ, order or direction declaring that the Petitioners were never "Officers in Default" within the meaning of Section 5 of the Companies Act, 1956 and were never persons "in charge of and responsible for the conduct of business of M/s Vee Realties India Limited, and therefore cannot be subjected to vicarious criminal or statutory liability merely on the basis of manipulated MCA records. 5. Issue an appropriate writ, order or direction directing Respondent Authorities including Registrar of 4 Companies, SEBI and State Investigating Agencies to immediately remove and rectify the names of the Petitioners from records showing them as Directors of M/s Vee Realties India Limited, after conducting proper forensic and legal verification in accordance with law. 6. Issue an appropriate writ, order or direction directing constitution of an independent Special Investigation Team (SIT) or transfer investigation to an independent specialized agency for conducting comprehensive, scientific and time-bound investigation into the affairs of M/s Vee Realties India Limited and its interconnected entities namely Vee Real Entertainment House Private Limited, Vee Insurance Agency Private Limited and Vee Agro Farming & Dairies Private Limited. 7. Direct the Investigating Agency to conduct forensic examination of all statutory filings, DIR forms, consent letters, digital signatures, handwriting samples, MCA uploads, Board Resolutions, ROC records, IP logs, email trails and related documents to ascertain fraudulent appointment and impersonation of the Petitioners as Directors. 8. Direct Respondent Authorities to investigate the role of Mr. Kamlesh Verma, Udaksh Kumar Verma, Ved Prakash Verma, Ganesh Ram Verma and other associates for offences punishable under Sections 316, 318, 319, 336, 337, 338, 340 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 447, 448 and 449 of the Companies Act, 2013 for fraud, fabrication, false evidence, impersonation, conspiracy, and manipulation of statutory records. 9. Direct the competent authorities to investigate 5 the false affidavits, misleading statements and concealment of material facts made before various Courts, SEBI and the Securities Appellate Tribunal by the actual masterminds while obtaining favourable orders and reliefs. 10. Issue an appropriate writ, order or direction directing attachment, freezing and preservation of movable and immovable properties, bank accounts, investments, luxury assets and interlinked business interests of Mr. Kamlesh Verma and his associates pending investigation, including properties acquired through sale deeds executed on behalf of M/s Vee Realties India Limited even after alleged resignation. 11. Pass any other order, writ or direction which this Hon'ble Court may deem fit, proper and necessary in the peculiar facts and circumstances of the present case for securing ends of justice, protecting constitutional rights of the Petitioners and restoring faith in the rule of law. 3. From perusal of the office note dated 14.07.2026, it transpires that there are as many as 15 defects in this petition, which reads as under : (1) Age of Petitioner No. 02 is not mentioned in the affidavit (Page No. 33). (2) Name of the deponent is wrongly mentioned in the verification clause (Page No. 35). (3) As per the Chhattisgarh High Court Rules, 2007, the Date of Events has not been filed along with the synopsis. (4) Advance copy has not been served upon the counsel for the State of Chhattisgarh and the Union of India (Respondent Nos. 01 to 04). 6 (5) The cheque date is wrongly mentioned at Index Serial No. 17. (6) The Interlocutory Application (I.A.) is not in the prescribed format. (7) Paging has not been done in the Index and the accompanying documents. (8) Annexure P/3 and Annexure P/4 have not been filed with the case. (9) Annexures are wrongly mentioned in the documents as per the Index (Office objection dated 21.07.2025). (10) Documents have not been properly tagged. (11) Counsel for the petitioner has not signed both the applications. (12) The date of execution has not been mentioned in the applications and the Vakalatnama. (13) The documents have not been attested by the counsel. (14) The second set of documents has also not been attested by the counsel. (15) The address of Respondent No. 05 has not been completely mentioned in the cause title, as per the Office Note dated 18.06.2026 and the AR(J) Note dated 13.07.2026. 4. Perusal of the aforesaid defects go to show that the petition drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the petition is defective one. 5. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh a duly constituted petition, subject to depositing a sum of Rs.20,000/- as cost by the petitioners before the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government Specialized Adoption Agency, Gairyaband, District – Gariyaband (C.G.) 7 6. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioners after retaining the photocopies of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra