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2026 DAILYLAW 27992 (CHH)

TUSHAR JOSHI v. STATE OF CHHATTISGARH

CRMP/1307/2026 · 2026-07-19

Shri Ravindra Kumar Agrawal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010095902026 2026:CGHC:30602-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 769 of 2026 1 - Hemant Kusare S/o Natthuji Aged About 46 Years R/o Plot No. 17, Dhairyasheel Society Dabha, Nagpur District Nagpur, Maharashtra 440023 --- Petitioner(s) Versus 1 - State of Chhattisgarh Through The S.H.O., Police Station, Civil Lines, Raipur, District- Raipur, Chhattisgarh 2 - Abhishek Bajaj S/o Shri Tej Kumar Bajaj R/o Sant Kawar Ram Chowk, Katora Talab, Raipur, District- Raipur (Chhattisgarh) 492001 3 - Deepesh Bajaj S/o Shri Tej Kumar Bajaj R/o Sant Kawar Ram Chowk, Katora Talab, Raipur, District- Raipur (Chhattisgarh) 492001 --- Respondent(s) CRMP No. 1307 of 2026 1 - Tushar Joshi S/o Shri Suresh Joshi Aged About 45 Years R/o Flat No. 6, Deendayal Nagar, Ram Mandir Road, Nagpur, Maharashtra 440022 2 - Iqbal Alam S/o Shri Maqsood Alam Aged About 46 Years R/o Flat No. 1003/1004, D-Wing, Lok Sarita Chs Ltd, Military Road, Marol, Andheri East, Mumbai, Maharashtra 400059 3 - Budhram Chakradhari S/o Shri Punitram Chakradhari, Aged About 31 Years R/o Village Narori, Tehsil Bagbahra, District Mahasamund 493449 Chhattisgarh 4 - Anil Vishwakarma S/o Late Shri Nandlal Vishwakarma, Aged About 35 Years R/o Laxmi Nagar Golden Marble Gali Pachpedi Naka Raipur 492001 Chhattisgarh 5 - Samir Chakraborty S/o Shri Paresh Chandra Chakraborty, Aged About 47 Years R/o Flat No. 3ba-315, Tower - 4, River Heights, Raj Nagar Extension, Ghaziabad - 201017 Uttar Pradesh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The S. H. O. Police Station, Civil Lines, Raipu, District - Raipur, (Chhattisgarh) (Prosecution) 2 - Abhishek Bajaj S/o Shri Tej Kumar Bajaj R/o Sant Kawar Ram Chowk, Katora Talab, Raipur, District - Raipur (Chhattisgarh) 492 001 INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.07.22 10:40:23 +0530 2 3 - Deepesh Bajaj S/o Shri Tej Kumar Bajaj, R/o Sant Kawar Ram Chowk, Katora Talab, Raipur, District - Raipur (Chhattisgarh) 492 001 (Complainant) --- Respondent(s) CRMP No. 1188 of 2026 1 - Manish Kushwah S/o Mangal Singh Kushwah Aged About 38 Years R/o Saketdham, Suvidhi Nagar, Indore, Madhya Pradesh 2 - Vijay Dangar S/o Khodabhai Dangar Aged About 31 Years R/o Nani Barar, Maliya, Maliya Miyana, Morbi, Gujarat 3 - Ravi Shankar S/o Sh Jag Narayan Thakur Aged About 41 Years R/o Ganga Trueno, 6th Floor, Viman Nagar, Pune- 411014 Maharashtra (Accused) ---Petitioner(s) Versus 1 - State of Chhattisgarh Through The S.H.O., Police Station, Civil Lines, Raipur, District- Raipur, (Chhattisgarh) (Prosecution) 2 - Abhishek Bajaj S/o Shri Tej Kumar Bajaj R/o Sant Kawar Ram Chowk, Katora Talab, Raipur, District- Raipur (Chhattisgarh) 492001 3 - Deepesh Bajaj S/o Shri Tej Kumar Bajaj R/o Sant Kawar Ram Chowk, Katora Talab, Raipur, District- Raipur (Chhattisgarh) 492001 (Complainant) --- Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Shri Ritesh Sharma, Advocate. For State : Shri S.S. Baghel, Govt. Advocate. For Respondents 2 &3 : Shri Malay Shrivastava, Advocate. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 20.07.2026 Per, Ramesh Sinha, CJ. 1. Since common facts and issues are involved in all these petitions, they are being heard and decided together by this common order. 2. The prayer made by the petitioners in all these petitions are, for quashing of FIR No.119 of 2026, registered against the petitioners at Police Station, Civil Lines, Raipur for commission of offence under Sections 420 and 34 IPC. 3 3. Learned counsel for petitioners would submit that, the petitioners are employee of Poonawala Housing Finance Limited (now Griham Housing Finance Limited). The complainants purchased the secured asset in question through a public auction conducted under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, SARFAESI Act) on "as is where is, whatever there is” basis from Poonawala Housing Finance Limited and were issued Sale Certificate dated 19.04.2022. Thereafter, physical possession of the said property was handed over to the auction purchaser/complainants. Subsequently, on 16.06.2022, the original landowners/borrowers i.e. Saunariya Agrawal and others challenged the aforesaid Sale Certificate before the Debt Recovery Tribunal, Jabalpur by filing Securitisation Application No.515/2022 wherein the complainants herein are arrayed as party respondent and contesting the proceedings. The matters are presently pending consideration before the learned Tribunal and an interim stay order is operating therein. However, in order to give a criminal colour to a civil dispute and to pressurize the concerned parties, the complainants have lodged the impugned FIR against the petitioners on 25.02.2026. It is submitted that the dispute is essentially personal and financial in nature. 4. It is further submitted by the counsel appearing for the petitioners that the parties have amicably settled their disputes and they have also annexed a copy of settlement dated 18.06.2026 in their application i.e. IA No.02 of 2026, which is taken on record. Copy of original 4 settlement/agreement dated 18.06.2026 has also been filed along with covering memo dated 17.07.2026. 5. Learned counsel appearing for respondent Nos.2&3 affirms the submissions made on behalf of the petitioners and admits both the factum and validity of the compromise entered into between the parties. 6. We have heard learned counsel for the parties and have carefully perused the record, including the pleadings, the reliefs sought and the documents placed on file. 7. Considering the fact that the matter is still under investigation and the compromise alleged to have been entered into between the parties, is required to be verified, we deem it proper to direct that the petitioners as well as respondents No.2&3 shall appear before the Investigating Officer, Police Station, Civil Lines, Raipur, District Raipur (C.G.) within a period of 10 days from today along with a certified copy of this order and the original compromise deed. The Investigating Officer shall verify the genuineness, voluntariness and authenticity of the compromise entered into between the parties and shall thereafter submit a detailed report before the competent Court within a period of two weeks thereafter. 8. While carrying out the aforesaid exercise, the Investigating Officer shall also take into consideration the nature of the dispute between the parties, which appears to have arisen out of transactions relating to sale/purchase, and shall proceed further strictly in accordance with law. 5 9. Registry is directed to return the original compromise deed, filed along with covering memo, to learned counsel for the petitioners after obtaining a photocopy of the same for being retained on record. 10. With the aforementioned observations and directions, these writ petitions are disposed of. 11. Interim relief granted earlier shall remain in operation for a period of four weeks from today. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder