Chattisgarh High Court
State Of Chhattisgarh vs Sarbi Padda @ Jairam Dhurva @ Jairam … on 22 August, 2025
Digitally
1
signed by
JYOTI
JYOTI SHARMA
SHARMA Date:
2025.08.23
16:00:33
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 350 of 2025
State Of Chhattisgarh Through Police Station - Bemetara, District -
Bemetara Chhattisgarh
... Appellant(s)
versus
Sarbi Padda @ Jairam Dhurva @ Jairam Nureti S/o Tagru Aged About 28
Years R/o Hidur Thana Baande, District Kanker And R/o Gumchur/
Gudumgunda, Police Station And District - Narayanpur Chhattisgarh
... Respondent(s)
Order Sheet
22/08/2025 Heard Mr. Shashank Thakur, Deputy Advocate General for
the State/appellant.
Heard.
The present acquittal appeal has been filed under Section
21(1) of the National Investigation Agency Act, 2008 (for short,
the NIA Act) challenging the judgment dated 17.09.2024 passed
by the learned Special Judge (NIA) Bilaspur, in Special Case
(NIA) No. 10/2022 whereby the respondent-accused has been
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acquitted of the charges under Sections 419 of the Indian Penal
Code (for short, the IPC) and Section 10, 13(1), 38(2) and 39(2) of
the Unlawful Activities (Prevention) Act, 1967 (for short, the
UAPA).
The appeal has been filed with a delay of 287 days for which
an application, being IA No. 1/2025, for condonation of delay
under Section 5 of the Limitation Act, 1963, has been preferred.
The facts, in brief, as projected by the appellant/State is that
on 09.06.2022 at around 4.00 p.m., Inspector P.P.Avadhiya (PW-
15) received information from an informer that a suspicious person
from Bastar is undergoing treatment at A.K. Multispecialty Hospital
Bemetara located on Raipur Road. PW-15 immediately informed
the Senior Officers about the said information. Thereafter, a team
was formed, witnesses were summoned and Superintendent of
Police, Dharmendra Singh Chhawai, Additional Superintendent of
Police Pankaj Patel, Sub-Divisional Police Officer Rajkumar
Burman, Deputy Superintendent of Police Rajiv Sharma (PW-11)
and Sub-Inspector Nasir Khan, Assistant Sub-Inspector Arvind
Sharma, Head Constable No. 160 Ravindra Tiwari PW 8, Head
Constable No. 328 Hemant Sahu, Head Constable No. 432
Rameshwar Mandle, Head Constable No. 404 Lokesh Singh (PW-
20), Constable Bhenu Sahu, Constable No. 203 Rajesh Dhruv,
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Constable No. 481 Shivsen, Constable No. 140 Rahul Yadav,
Constable No. 74 Mukesh Mahire, Constable AIB’s Head
Constable Hitesh Singh, Constable Ashish Rai and witnesses
Roshan Singh Rajput (PW-7) and Krishna Yadav reached near
Bed No. 1 in second four of AK Multispeciality Hospital, when the
unknown person lying on the said bed got nervous on seeing the
police and tried to run away. The appellant was surrounded and
caught. On questioning the said unknown person in presence of
witnesses in the Hospital premises, the said unknown person told
his name as Sarbi Padda @ Jayaram Dhurva @ Jayaram Nureti
and identified himself as a Deputy Commander of banned Maoist
organisation Kaknar L.O.S.
Inspector P.P. Avadhiya (PW-15) after taking consent from
the respondent-accused, searched him in the presence of
witnesses Roshan Singh Rajput (PW-7) and Krishna Yadav. At the
instance of the accused, his bag was searched in the presence of
the above mentioned witnesses and pamphlets containing Maoist
ideology (Exhibit P/39), press statement (Exhibit P/40), Naxalite
literature (Exhibit P/41), manifesto and constitution of
Dandakaranya Chhatra Sangh (Exhibit P/42), Naxalite literature
(Exhibit P/43) and Rs. 30,000/- in cash were seized as per seizure
memo (Exhibit P/14). The accused was being treated by Dr.
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Praveen Sahu (PW-1). The statement of Dr. Praveen Sahu was
recorded by Inspector P.P.Awadhiya (PW-15) and after recording
Dehati Nalishi in ‘0’ (Exhibit P/44) and numbered FIR (Exhibit
P/45) was registered after reaching the Police Station.
During the investigation, the Deputy Superintendent of
Police, Rajeev Sharma (PW-11) inspected the crime scene and
prepared a site map (Exhibit P/19). The accused was arrested as
per the arrest memo (Exhibit P/15) and his family was informed
vide Exhibit P/20. Letter (Exhibit P/21) was sent to the Tehsildar
Bemetara for identification of the accused. Interrogation report
(Exhibit P/23) was prepared after interrogating the accused. A
memo (Exhibit P/31) was sent through the Superintendent of
Police, Bemetara for prosecution sanction in the case. The
Principal Secretary, Government of Chhattisgarh, Home
Department, Raipur accorded prosecution sanction vide order
Exhibit P/32 and after completing the investigation, the charge
sheet was filed before the trial Court concerned.
Charges were framed against the accused-respondent Sarbi
Padda @ Jayram Dhurwa @ Jayram Nureti for the offences
punishable under Sections 419 of the IPC and Sections 10, 13 (1),
38 (2), 39(2) of the UAPA alleging that on 09.06.2022 at about
7.45 p.m., in A.K. Multispeciality Hospital Bemetara, District
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Bemetara, concealing his real name and identity being the Area
Commander of Communist Party of India (Maoist Organisation)
Partapur, and identifying himself as the friend of Dr. Sukes Vadde,
Medical Officer CHC Antagarh and family member of Ramu
Gawade and presenting his name as Domar Singh, got himself
admitted in the said hospital for treatment and committed fraud,
and continued to be a member of the banned organisation
Communist Party of India (Maoist Organisation), kept illegal
propaganda material in his possession for its promotion with the
intention of furthering its activities and worked to promote the
activities of the said organisation.
The prosecution, in order to bring home the offence,
examined as many as 23 witnesses and exhibited as many as 45
exhibits and 2 Articles. However, after conclusion of the trial, the
respondent-accused was acquitted of the charges by the learned
trial Court on the ground that the most important witness of the
incident in question who was Dr. Sukesh Vadde, has not been
examined as witness in this case nor the prosecution has given
any reason for not examining Dr. Sukesh Vadde. In such
circumstances, an adverse presumption was liable to be drawn
against the police/prosecution.
From perusal of the records, it transpires that the
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respondent-accused was got admitted in the A.K.Multispeciality
Hospital which belonged to Dr. Pravin Sahu (PW-1) by name
‘Domar Singh’. The accused was introduced by Dr. Sukesh
Vadde. PW-1, Dr. Pravin Sahu has deposed that he at the behest
of Dr. Sukesh Vadde admitted the accused/respondent.
Though Dr. Pravin Sahu (PW-1) has been examined, but the
person i.e. Dr. Sukesh Vadde, who introduced the accused by his
fake name being Domar Singh, has not been examined nor has
been made accused in the present case. In fact, conduct of the Dr.
Pravin Sahu (PW-1) who treated the accused is also such, that he
also ought to have been arrayed as an accused in this case which
the prosecution has failed to do.
Moreover, the acquittal appeal has been filed by the
appellant / State with a delay of about 287 days.
The above conduct of the prosecution/investigating agency
shows how serious they are with respect to the offences which are
against not only an individual but against the State. It is common
knowledge that most of the Districts of the State are naxal affected
and if such a lethargic approach is adopted by the prosecution /
investigating agencies, then it would be very difficult to curb the
menace of Maoism and Naxalism in the State. The security
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personnel / government officials / common people are losing their
lives in naxal activities. The lethargic approach of the prosecuting
agencies in naxal cases is a serious concern in the criminal justice
system, especially when the offence involves grave acts of
violence against the State and its citizens. A naxal act is not only a
threat to the security personnel but is a war against the State and
the Nation which challenges the sovereignty and integrity.
As such, at this stage, we deem it appropriate to issue
notice to the respondent/accused on IA No. 1/2025, which is an
application for condonation of delay in filing the appeal.
The notice shall be served upon the accused/respondent,
through the Director General of Police, Chhattisgarh, Raipur.
Upon service of notice, the accused/respondent may either
appear in person or through his counsel, before this Court.
Let this matter be listed on 22.09.2025.
Mr. Shashank Thakur, learned Deputy Advocate General
appearing for the State/appellant is directed to communicate this
order to the Chief Secretary, Government of Chhattisgarh, Raipur,
the Secretary, Department of Home, Government of Chhattisgarh,
Raipur, as well as to the Director General of Police, Chhattisgarh,
Raipur, forthwith, for information and necessary action.
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The Registrar General of this Court is also directed to
communicate this order to the aforesaid authorities, forthwith for
information and necessary action.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
JUDGE CHIEF JUSTICE
Jyoti