Chattisgarh High Court
Ramdhani Yadav vs State Of Chhattisgarh on 11 March, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2025:CGHC:11945-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 1292 of 2021
Ramdhani Yadav S/o Shri Sukhlal Yadav Aged About 40 Years R/o Village
Bahrasi, Janakpur, Tahsil Bharatpur, District Koriya, Chhattisgarh., District :
Koriya (Baikunthpur), Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Janakpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur),
Chhattisgarh
2 - Govind S/o Shri Late Gopali Ram Prajapati Aged About 60 Years R/o
Village Bahrasi, Tahsil Bharatpur, District Koriya, Chhattisgarh., District :
Koriya (Baikunthpur), Chhattisgarh
3 - Madhav S/o Late Dallu Panika Aged About 60 Years R/o Village Bahrasi,
Tahsil Bharatpur, District Koriya, Chhattisgarh., District : Koriya
(Baikunthpur), Chhattisgarh
... Respondent(s)
(Cause title taken from Case Information System)
For Petitioner : Mr. Vinayak Sharma, Advocate
For Respondent/State : Mr. Shaleen Singh Baghel, Dy. G.A.
Digitally
signed by
VEDPRAKASH
DEWANGAN
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Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, C.J.
11/03/2025
1. The present CRMP has been filed by the petitioner under Section 482
of the Code of Criminal Procedure, 1973 seeking quashment of FIR
bearing Crime No. 59 of 2021 for the offences punishable under
Sections 420, 467, 468, 471, 34 of IPC registered at Police Station
Janakpur, District Koriya (C.G.) dated 24.05.2021.
2. The petitioner has filed the present petition with the following prayer:-
“It is therefore most respectfully prayed that this
Hon’ble Court may kindly be pleased to allow the
petition and quash the impugned FIR against the
petitioner pursuant to impugned FIR bearing crime
no.59/2021 for the offences punishable U/s 420, 467,
468, 471, 34 of I.P.C at P.S.- Janakpur, Dist: Koriya
(CG), in the interest of justice accordingly.”
3. Learned counsel appearing for the State would submit that in
compliance of the order dated 25.02.2025, the Collector-cum-District
Magistrate has filed his personal affidavit, the contents of which are
reproduced hereinunder:-
“I, D. Rahul Venkat, aged about 39 years, S/o Shri D.
Narsimha Swamy, presently posted as-The Collector
Manendragarh-Chirmiri-Bharatpur, District MC.B.
Chhattisgarh, do hereby solemnly affirm on oath and
declare as under:-
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1. That, I am presently posted as the Collector,
District- Manendragarh-Chirmiri-Bharatpur (for short
MCB) Chhattisgarh, and as such I am aware of the
facts and circumstances of the case.
2. That, at the outset, the deponent respectfully
submits that, he is duty bound to follow all the
directions & orders passed by this Hon’ble Court
from time to time and is having deepest & highest
regard for this Hon’ble Court. He shall take all
measures to ensure compliance of the orders and
directions of this Hon’ble Court and shall leave no
stone unturned to see that the commands of this
Hon’ble Court are punctually obeyed.
3. That, the present petition came before this Hon’ble
Court on 25.02.2025 and this Hon’ble Court directed
the deponent herein i.e. District Magistrate M.C.B. to
file his personal affidavit calling upon an explanation
from the concerned Tehsildar as to how he did not
respond to the query made by the investigating
officer vide letter dated 20.04.2023 (Annexure A/4)
attached with the affidavit filed on behalf of the
Director General of Police, State of Chhattisgarh and
what action has been taken against the said
Tehsildar.
4. That, it is respectfully submitted that the deponent
herein, has issued a show-cause notice dated
03.03.2025 to the then Tehsildar namely Manharan
Singh Rathia as to why the relevant information was
not provided by him to the police authorities. Copy of
the show-cause notice 03.03.2025 is being filed
4/5herewith as ANNEXURE A/1. Similarly another show-
cause notice was issued to the then tehsildar namely
Shri Viplav Shriwastava vide notice dated 28.02.2025.
A copy of the show-cause notice dated 28.02.2025 is
being filed herewith as ANNEXURE-A/2 for the kind
reference of this Hon’ble Court. It is submitted that
thereafter, the concerned Tehsildar replied to the said
letter and after considering his reply the deponent
herein has imposed minor penalty of ‘censure’ upon
the concerned Tehsildar. Copy of the order imposing
punishment dated 03.03.2025 is being filed herewith
as ANNEXURE A/3.
5. That, it respectfully submitted that the information
sought by the police authorities have been supplied
to the SHO P.S.-Janakpur, District- MCB (C.G.) vide
letter dated 22.02.2025 by the concerned Tehsildar,
District MCB (C.G.). Copy of the information provided
vide letter dated 22.02.2025 is being filed herewith as
ANNEXURE A/4.
6. That, it is respectfully submitted that the deponent
herein has highest regards and immense respect for
the orders passed by this Hon’ble Court and the
deponent herein is bound to comply the orders
passed by this Hon’ble Court in its letter and spirit.
7. That, the contents of this affidavits have been
drafted according to my instructions and the contents
thereof are true and correct to the best of my
personal knowledge and belief, based on the official
records.”
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4. Learned counsel appearing for the State would submit that against the
Tahsildar, who failed to provide the information asked by the
investigating officer, after due process of law, censor has been
awarded to him by the Collector on 03.03.2025. A copy of the same
has been annexed as Annexure A-2. He would further submit that the
information has been furnished by the Tahsildar to the Investigating
Officer and police report will be filed very soon.
5. Considering the facts & circumstances of the case, the submissions
advanced by learned counsel for the State and nature of dispute, we
direct the Investigating Officer-respondent No.1 of the present case to
conclude the investigation of the present case and submit a police
report under Section 173(2) of the CrPC (Now Section 193(3) of the
BNNS) before the Magistrate concerned expeditiously, in accordance
with law, if already not concluded, preferably within a period of six
weeks from today.
6. With the aforesaid direction, the present petition stands disposed off.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
ved