Chattisgarh High Court
Anand Shekhar vs State Of Chhattisgarh on 26 August, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2025:CGHC:43193-DB
NAFR
Digitally
signed by
RAHUL
HIGH COURT OF CHHATTISGARH AT BILASPUR
RAHUL JHA
JHA Date:
2025.08.26
18:23:16
+0530
CRMP No. 570 of 2025
1 - Anand Shekhar S/o Goverdhan Das Aged About 36 Years R/o Kali Mandir
Mohalla Pandey Bazar Azamgarh District - Azamgarh (U.P.)
2 - Anil Mishra S/o Ramurati Mishra Aged About 37 Years R/o Hatwa
Nirbhyanath Post Patulakhi Block Hanumana Hatwa Chak -1 Manumana Rewa
Madhya Pradesh
Petitioner(s)
versus
1 - State Of Chhattisgarh Through Its Secretary Department Of Home
Mahanadi Bhawan Atal Nagar Naya Raipur District - Raipur (Chhattisgarh)
2 - The Director General Of Police Police Department New Raipur District -
Raipur (C.G.)
3 - Superintendent Of Police Raipur District - Raipur (C.G.)
4 - Station House Officer Police Station Gobra Nawapara Raipur District -
Raipur (C.G.)
5 - Rahul Sundrani S/o Suresh Sundrani Aged About 31 Years R/o Chhata Road
Police Station Gobra Nawapara District - Raipur (C.G.)
Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Pawan Kumar Kashyap, Advocate
For State : Mr. Malay Jain, PL
For Resp. No. 2 ; Mr. Ankush Soni, Advocate
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Hon’ble Shri Ramesh Sinha, Chief Justice
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
26/08/2025
1. The present Criminal Miscellaneous Petition (CRMP) has been filed by
the petitioners under Section 528 of the BNSS, seeking quashment of:
1. That, Hon’ble Court may kindly be pleased to allow the
instant petition under section 528 of B.N.S.S. 2023 filed by
the petitioner, in the interest of justice.
2. That, Hon’ble Court may kindly be pleased to quash the
impugned FIR bearing No. 38/2024 registered dated
16.01.2024 at police station Gobra Nawapara, District
Raipur Chhattisgarh filed under section 420, 34 of the I.P.C.
in respect of the case of the petitioners, in the interest of
justice.
3. That, the Hon’ble Court may kindly grant any other
reliefs in favour of the petitioners, which the Hon’ble Court
deemed fit & just in the facts and circumstances of the case,
in the interest of justice.
2. Facts of the case that complainant, Rahul Sundarani, Director of Jai
Shankar Food & Wood Private Limited, resident of Chhanta Road,
Nawapara, Raipur, alleges that on 15.07.2023, the respondents–Anil
Mishra, Shashikant Pandey, and Anand Shekhar (Director of Jenex
Grains Private Limited)–cheated him by taking Rs. 7,50,000/- for the
supply of 2 trucks (approx. 60 tons) of rice. It is alleged that the
respondents promised to deliver the rice to the complainant’s company
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but instead diverted the first truck to Rewa, M.P., and failed to deliver
the second truck. Despite repeated requests and assurances, the
respondents did not return the paid amount. The complainant asserts that
the respondents acted in collusion and engaged in fraudulent
misrepresentation and criminal breach of trust to wrongfully obtain Rs.
7,50,000/- for their personal gain. On these allegations, the complainant
requested registration of an FIR against Anil Mishra, Shashikant Pandey,
and Anand Shekhar under Sections 409, 420, and 120B of the Indian
Penal Code.
3. Learned counsel for the petitioners submits that the acts of the
respondents are illegal and without basis. The FIR, filed on 16.01.2024
for an alleged incident of 15.07.2023, is belated and false. The
petitioners had received Rs. 7,50,000/- from the complainant for
purchase of rice, which was fully repaid on 05.03.2024 (Ref. ID
69227250), and the complainant even requested the police not to pursue
further investigation (Annexure P-2). No offence is made out against the
petitioners, and the complaint is based on fabricated allegations. No
incriminating material exists, and all business transactions were duly
settled. The FIR is therefore without merit and deserves to be quashed.
4. Learned counsel for Respondent No.2/Complainant does not deny that
the transaction was a legitimate business deal and that the petitioners
have repaid the alleged amount.
5. We have heard learned counsel for the parties and persused the
pleadings.
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6. The allegations made by the complainant concern a business transaction
in which Rs. 7,50,000/- was paid for the supply of rice. The petitioners
have demonstrated that the amount was fully repaid on 05.03.2024
through RTGS (Ref. ID 69227250), and the complainant himself
requested the police not to pursue further investigation (Annexure P-2).
There is a significant delay of over six months between the alleged
incident (15.07.2023) and registration of the FIR (16.01.2024), raising
questions regarding the credibility of the complaint. No material
evidence has been presented to substantiate claims of fraud,
misrepresentation, or criminal breach of trust. Furthermore, learned
counsel for the complainant does not dispute that the transaction was
legitimate and that the repayment was made, confirming that the
allegations are unsubstantiated.
7. In view of the above analysis and the fact that the alleged amount of Rs.
7,50,000/- was fully repaid and no prima facie offence is made out
against the petitioners, this Court finds the FIR registered on 16.01.2024
against Anil Mishra, Shashikant Pandey, and Anand Shekhar under
Sections 409, 420, and 120B of the IPC to be without merit.
Accordingly, the FIR is hereby quashed, and no further investigation
shall be conducted against the petitioners in this regard.
8. The CRMP is accordingly, allowed.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Rahul