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2026 DAILYLAW 7219 (CHH)

MANI BHUSHAN v. STATE OF CHHATTISGARH

WPCR/223/2026 · 2026-04-21

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:18312-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 223 of 2026 Mani Bhushan S/o Ashok Kumar Lal Das Aged About 34 Years R/o HIG 902, 9th Floor, H I G Block 1, Himalayan Heights Phase 1, Dumartarai, Post Deopuri, Raipur, Chhattisgarh 492015 ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Atal Nagar, Nava Raipur Chhattisgarh 2 - Director General Of Police Police Headquarters, Naya Raipur, Chhattisgarh 3 - Commissioner Of Police Police Commissionerate Office, Near Lalganga Mall, Raipur, Chhattisgarh 4 - Station House Officer Police Station Civil Lines, Raipur Chhattisgarh 5 - Superintendent Of Police Anti Corruption Bureau / Economic Offences Wing, Chhattisgarh (A C B/ E O W), Raipur Chhattisgarh 6 - Central Bureau Of Investigation Through Its Director, CGO Complex, Lodhi Road, New Delhi 110003 7 - Lokpal Of India Through Its Registrar, Vasant Kunj Institutional Area, Phase-Ii, New Delhi 110070 ... Respondents For Petitioner : Mr.Himanshu Pandey, Advocate For Respondents No.1 to 5/State : Dr.Saurabh Pande, Deputy Advocate General with Mr.Saumya Rai, Deputy Government Advocate BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2026.04.23 14:55:57 +0530 2 For Respondent No.6 For Respondent No.7 : : Mr.Vaibhav A. Goverdhan, Advocate Mr.Ramakant Mishra, Deputy Solicitor General with Mr.Abhishek Banjare, Central Government Counsel Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha , Chief Justice 22.04.2026 1. Heard Mr.Hinmanshu Pandey, learned counsel for the petitioner as well as Dr.Saurabh Pande, learned Deputy Advocate General with Mr.Saumya Rai, learned Deputy Government Advocate appearing for respondents No.1 to 5/State, Mr.Vaibhav A. Goverdhan, learned counsel appearing for respondent No.6 and Mr.Ramakant Mishra, learned Deputy Solicitor General with Mr.Abhishek Banjare, learned Central Government Counsel appearing for respondent No.7. 2. The petitioner has filed this petition with following prayers:- “10.1. Issue an appropriate writ, order or direction for production and forensic examination of the two hard drives having capacity 4 TB each of the DVR unit relating to the CCTV system installed in the SBI colony, seized by the ACB officials during search proceedings in the intervening night between 01.07.2021 and 02.07.2021 vide seizure memo dated 01.07.2021. 3 10.2. Issue an appropriate writ, order or direction quashing and setting aside the Inquiry Report of PS Civil Lines Raipur dated 09.02.2026, whereby the Petitioner's complaint dated 02.05.2024 was illegally closed without registration of FIR and further to direct the respondent PS Civil Lines to register an FIR on the basis of said complaint. 10.3. Issue an appropriate writ, order or direction quashing and setting aside the impugned order dated 27.03.2026 passed by the Learned Lokpal in Complaint No. 01/2024, insofar as it directs further investigation against the Petitioner owing to the closure of the Petitioner complaint dated 02.05.2024 against the officials of search party for planting of two gold bars of one kilogram each vide PS Civil Lines Inquiry Report dated 09.02.2026. 10.4. Issue an appropriate writ, order or direction directing to Petitioner's Complaint dated transfer the 02.05.2024 to an independent agency for a fair and impartial investigation, as this Hon'ble Court may deem fit, and be completed in a time-bound manner. i. Issue such other or further writ, order or direction as this Hon'ble Court may deem fit and 4 proper in the facts and circumstances of the case, in the interest of justice.” 3. Learned counsel for the petitioner submitted that 2 kg. of gold was allegedly recovered from the petitioner’s scooty, which, according to him, was planted by the ACB officials. It is further submitted that the ACB investigated the matter in connection with Crime No. 22/2021 dated 29.06.2021, registered at Police Station Anti- Corruption Bureau, Economic Offence Wing, Raipur (Annexure P-5), and a charge-sheet was filed against Gurjinder Pal Singh and other persons. Later on, the same was quashed by this Court vide order dated 13.11.2024 passed in CRMP No.1488 of 2023 and other connected matters. The petitioner was cited as a prosecution witness in that case before the concerned trial Court and his statement was recorded by the concerned trial Court on 5.1.2024. It is stated that the petitioner has also made a complaint on 2.5.2024 (Annexure P-6) at Police Station Civil Lines, District Raipur, alleging that ACB officials had planted 2 kg. of gold in his scooty in order to falsely implicate to Gurjinder Pal Singh and the same was recorded in the DVR. It is submitted that the bank conducted a detailed inquiry, wherein the petitioner was exonerated vide its report dated 25.11.2024 (Annexure P-26). Learned counsel further submits that an anonymous complaint was made to the Lokpal of India, pursuant to which the present inquiry has been initiated against the petitioner, and vide order dated 27.03.2026 (Annexure P-2), the Lokpal directed the CBI to 5 complete the investigation preferably within ninety days and listed the matter on 07.07.2026 Hence, the petitioner has approached this Court seeking quashing of the said order. 4. We have heard learned counsel for the petitioner and perused the impugned order and other documents. 5. Paras 6 to 12 of the order passed by the Lokpal dated 27.03.2026 states as under:- “6. However, In respect of recovery of two gold bars from RPS-3s' scooter on the search warrant issued by the Court of competent Jurisdiction, as RPS- 3 had made submission that the gold was planted by the ACB and that he had lodged a complaint to Station ______________________ iv. That Sh. Mani Bhusan executed a hawala transfer of Rs.10 crores facilitated by KS Oil Company in Morena, despite there being CBI Investigation against the affairs of the sald company. v. That there are pending Investigations by various agencies against the aforesaid companies for which loans have been sanctioned, approved, and reviewed by alleged accused, Further, it is alleged that Sh. Mani Bhushan manages transfer and Illegal storage of Gold of Bullion traders in SBI lockers in Ralpur at the sole protection of Sh. Vimal Kishore and Sh. Neeraj Prasad. Further, alleged that in 02 instances wherein the audit had flagged such Issue, Neeraj Prasad was able to dilute the enquiry against Sh. Mani Bhushan. vi. That Sh. Mihir Jha father-in-law, of Sh. Mani Bhushan is senior functionary of Congress Party and Sh. Mani Bhushan has taken undue advantage of the said position of his father-in-law by exerting undue pressure on concerned SBI officers. House Officer, Police Station, Civil Lines, District Raipur, Chattisgarh against the officials of ACB, EOW, Chattisgarh, by name to register an FIR forthwith and take necessary legal action, we had called upon the 6 CBI to seek status of stated complaint before the Issue under consideration could be answered. 7. In pursuance of the direction given to CBI, a status report has since been filed. The Registry has placed on record a letter dated 20.03.2026 received from the Central Bureau of Investigating (CBI), along with communication dated 09.02.2026 received from the office of Director General Police Ralpur Chhattisgarh, and letter dated 16.03.2026 by Police Commissioner Raipur Chhattisgarh, informing that no cognizable offence was found in the inquiry conducted on a complaint filed by Respondent Public Servant (RPS)-3 at Police Station, Civil Lines, Raipur. 8. In view of the factual position noted in the status report, we deem it appropriate to now answer the matter in relation to RPS-3 who had already been heard in terms of Section 20(3) of the Act of 2013. In our considered view, it is necessary to direct a deeper probe qua RPS-3 only, in respect of allegation Nos: iv, v and vi. We direct the CBI to investigate into the allegations against RPS-3 only, for being involved in managing transfer and illegal storage of gold of Bullion traders in SBI lockers in Raipur, and the criminal liability attributable to RPS-3 owing to closure of complaint filed by him against the officials of Search Party for recovery of two gold bars of 1 kg. each from his scooter on 01.07.2021 and whether it results in possessing disproportionate assets than the known sources of income et al. 9. The CBI is directed to complete the investigation preferably within ninety days. 7 10. Registry is directed to supply copy of this order to IO, Complainant, and Respondent Public Servant (s) forthwith. 11. Needless to underscore that the observations made by us are limited for recording our satisfaction as to whether prima facie case exists to proceed further in the matter. The Investigating Agency shall examine every aspect of the matter Independently, uninfluenced by our observations hitherto. Instead, all concerned shall proceed with the investigation on its own merits in accordance with law. 12. List on 07.07.2026.” 6. From perusal of the order dated 27.03.2026 passed by the Lokpal, it appears that the Lokpal has directed the CBI to investigate into the allegations against RPS-3 only, for being involved in managing transfer and illegal storage of gold of Bullion traders in SBI lockers in Raipur, and the criminal liability attributable to RPS-3 owing to closure of complaint filed by him against the officials of Search Party for recovery of two gold bars of 1 kg. each from his scooter on 01.07.2021 and whether it results in possessing disproportionate assets than the known sources of income et al. The Lokpal has further directed the CBI to complete the investigation preferably within ninety days and has listed the matter on 07.07.2026. 7. Learned counsel for the petitioner submitted that the petitioner is ready to cooperate with the investigation as directed by the Lokpal; however, he apprehends that no coercive action should be 8 taken against the petitioner, who is a bank employee. In response, learned counsel for the CBI submitted that the apprehension expressed by the petitioner is unfounded and that no order for his arrest has been passed by the CBI. 8. Accordingly, the prayer made by learned counsel for the petitioner is rejected at this stage. 9. Learned counsel appearing for the CBI submitted that the CBI will investigate the matter in terms of the directions issued by the Lokpal and will submit its report by the next date fixed. 10. In view of the same, we do not find any valid ground for quashing of the order dated 27.03.2026 passed by learned Lokpal of India in Complaint No.01/2024. 11. In view of above, the writ petition stands disposed of. No costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu