Chattisgarh High Court
Anjani Kumar Khare vs The State Of Chhattisgarh on 8 April, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2025:CGHC:16496-DB
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 574 of 2023
Anjani Kumar Khare S/o Ramadhar Ram Aged About 55 Years R/o
Bageecha, P.S. Bageecha Civil And Revenue District Jashpur Chhattisgarh
... Petitioner
versus
1 - The State of Chhattisgarh Through The Station House Officer, Police
Station Bageecha, District Jashpur Chhattisgarh.
2 - The Secretary Department Of Scheduled Caste And Scheduled Tribe,
Mantralaya Mahanadi Bhavan Capital Complex Naya Raipur District
Raipur Chhattisgarh.
3 - The Collector Tribal Welfare Department Branch District Jashpur
Chhattisgarh.
4 - The Commissioner, Tribal Welfare Department, Raipur, District Raipur
Chhattisgarh.
5 - The Assistant Commissioner, Tribal Welfare Department, Jashpur,
District Jashpur Chhattisgarh.
6 - Shri Anand Prakash Lakda Assistant Statistics Officer, Office Of Joint
Commissioner, Tribal Welfare Department, Jashpur District Jashpur
Chhattisgarh.
--- Respondents
(Cause title is taken from the CIS)
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For Petitioner : Mr. Navin Shukla, Advocate
For State/respondents No.1 to 5 : Mr. Shashank Thakur, Dy. A.G. & Mr.
Nitansh Jaiswal, PL
For Respondent No.6 : Mr. Suraj Patel, Adv. appears on
behalf of Mr. Akash Shrivastava,
Advocate
Hon’ble Shri Ramesh Sinha, Chief Justice and
Hon’ble Shri Arvind Kumar Verma, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
08.04.2025
1. Proceedings of this matter have been taken through video conferencing.
2. Heard Mr. Navin Shukla, learned counsel for the petitioner. Also heard
Mr. Shashank Thakur, learned Dy. A.G. & Mr. Nitansh Jaiswal, Panel
Lawyer for the State/Respondents No.1 to 5 & Mr. Suraj Patel,
Advocate appears on behalf of Mr. Akash Shrivastava, learned counsel
for respondent No.6.
3. The present writ petition has been filed by the petitioner with the
following prayer :
“It is, therefore, prayed that this Hon’ble Court in
exercise of its inherent powers under Section 482 of
3Cr.P.C. may kindly be pleased to allow this petition,
quash the impugned FIR bearing Crime No.
84/2014 registered at Police Station-Bageecha,
District- Jashpur (CG) with respect to petitioner for
the offence under Sections 468,196, 197,198 of IPC
and the entire criminal proceedings arising there
from against the petitioner, in the interest of
justice.”
4. On 19.03.2025, this Court had passed the following order :
“Heard Shri Navin Shukla, learned counsel
for the petitioner. Also heard Shri Nitansh Kumar
Jaiswal, learned PL for the State, and Shri Suraj
Patel, learned Advocate appearing on behalf of Shri
Vikas Shrivastava, learned counsel for the
complainant.
The Director General Of Police, State of
Chhattisgarh is directed to file his personal affidavit
in the matter, calling explanation from the
Investigating Officer concerned, as to why the
investigation with respect to the FIR in Crime No.84
of 2014 registered at Police Station- Bageecha,
4District- Jaspur for the offence under Sections 468,
196, 197, and 198 of the IPC has not been completed
and charge-sheet has not been filed in the case, as
the same is still pending.
Let the matter be listed on 8th April, 2025
along with the personal affidavit of the Director
General Of Police, State of Chhattisgarh.”
5. Learned State counsel submits that in compliance of the order dated
19.03.2025 passed by this Court, the Director General of Police, Police
Headquarters, Nawa Raipur, District Raipur (C.G.) has filed his
personal affidavit on 04.04.2025, which is on record as under :
“1. That, the instant criminal miscellaneous petition
has been filed by the petitioner for quashing the First
Information Report bearing Crime No. 84/2014
dated 26.06.2014 registered for the offence under
Section 468, 196, 197, 198 of Indian Penal Code
egistered at Police Station Bageecha, Distt. Jashpur
(C.G.).
2. That, the Hon’ble Court after hearing the case,
vide order dated 19.03.2025 was pleased to direct
the Director General of Police, State of Chhattisgarh
5to file his personal affidavit in the matter, calling
explanation from the Investigating Officer
concerned, as to why the investigation with respect
to the FIR in Crime No. 84 of 2014 registered at
Police Station Bageecha, District Jashpur for the
offence under Sections 468, 196, 197 and 198 of the
IPC has not been completed and charge-sheet has
not filed in the case, as the same is still pending.
3. It is most humbly submitted by the deponent that
in compliance of the Hon’ble Court’s order dated
19.03.2025, the Senior Superintendent of Police,
Jashpur was directed to enquire the matter and call
explanation from the investigating officer of the said
crime number. Copy of letter dated 24.03.2025 is
filed herewith as ANNEXURE D/1.
4. That, the deponent most humbly and respectfully
submits that the Inspector General of Police, Sarguja
Range, Sarguja has submitted a detailed report
thereby mentioning that the Senior Superintendent
of Police, Jashpur has directed the Sub Divisional
Officer (Police), Bagecha, Distt Jashpur to call the
explanation from the concerned Investigation
6Officers of Crime No. 84/2014 and to submit the
report. Copy of the report of IGP, Sarguja dated
02.04.2025 and copy of order dated 21.03.2025 are
filed herewith as ANNEXURE D/2 & D/3. The Sub
Divisional Officer (Police), Bageecha, Distt. Jashpur
called explanation to all the concerned Investigation
Officers. After receiving the explanations, the Sub
Divisional Officer (Police), Bageecha, Distt. Jashpur
submitted report before the Senior Superintendent of
Police, Jashpur (C.G.). Copy of report dated
28.03.2025 is filed herewith as ANNEXURE D/4.
5. That, since the explanation submitted by the
Police Personnel were not found satisfactory, the
Senior Superintendent of Police, Jashpur imposed
penalty to entry of Censure in the service record of
the Inspector Rajesh Marai, Inspector Bhaskar
Sharma, Inspector Ram Sai Painkra, Inspector
Vineet Kumar Pandey and Inspector Amit Tiwari.
Copy of order dated 31.03.2025 is filed herewith as
ANNEXURE D/5.
6. That, vide order dated 31.03.2025 the Senior
Superintendent of Police, Jashpur imposed penalty
7of withholding of one increment without cumulative
effect upon Sub Inspector Vikas Shukla, Sub
Inspector Saklu Ram Bhagat, Sub Inspector Pradeep
Kumar Sidar, Sub Inspector Akhilesh Singh and Sub
Inspector Satish Kumar Sonwani. Copy of order
dated 31.03.2025 is filed herewith as ANNEXURE
D/6.
7. It is most humbly submitted that the investigation
in Crime No. 84/2014 has been completed and Final
Report (खात्मा) has also been submitted before the
learned Trial Court on 01.04.2025. Copy of Final
Report dated 01.04.2025 is filed herewith as
ANNEXURE-D/7.”
6. From perusal of the said affidavit, it transpires that vide letter dated
24.03.2025 (Annexure D-1), the Inspector General of Police, Police
Headquarters, Nawa Raipur, Atal Nagar, Raipur (C.G.) has directed the
Senior Superintendent of Police, District Jashpur (C.G.) to conduct an
inquiry and fix responsibility for the failure in submitting the Final
Report before the trial Court even after almost 11 years since the FIR
was lodged against the petitioner.
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7. It is also evident from the above affidavit that after receiving the said
direction, the Senior Superintendent of Police, District Jashpur has
directed the Sub Divisional Officer (Police), Bageecha, District Jashpur
to call the explanation from the concerned Investigating Officers of
Crime No.84/2014 and to submit the report. The Sub Divisional Officer
(Police), Bageecha, District Jashpur called explanation from all the
concerned Investigation Officers. After receiving the explanations, the
Sub Divisional Officer (Police), Bageecha, District Jashpur submitted
report the before the Senior Superintendent of Police, District Jashpur
(C.G.) vide report dated 28.03.2025.
8. Since the explanations submitted by the erring Police Personnel were
not found satisfactory, therefore, vide order dated 31.03.2025
(Annexure D-6), the Senior Superintendent of Police, District Jashpur
imposed the penalty of withholding of one increment without
cumulative effect against the erring officers i.e. Sub Inspector Vikas
Shukla, Sub Inspector Saklu Ram Bhagat, Sub Inspector Pradeep
Kumar Sidar, Sub Inspector Akhilesh Singh and Sub Inspector Satish
Kumar Sonwani. Copy of the order dated 31.03.2025 has been annexed
along with the affidavit.
9. Further it has been stated in the affidavit that the closure report has
been filed in the present Crime No.84 of 2014 before the Court
concerned on 01.04.2025.
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10. Since the closure report has been filed in the instant case, therefore,
nothing survives for adjudication in this case. In view of the same, the
instant petition stands disposed of.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
Vasant