Rakesh Saraogi And ANR. v. State Of Chhattisgarh And ANR.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 414 of 2014
1. Rakesh Saraogi S/o Shri Satyanarayan Saraogi Aged About 50 Years R/o Shankar Nagar Road, Opposite Pahuna, Raipur, Ps Civil Line Tah. And Distt. Raipur C.G.
2. Smt. Babita W/o Rakesh Saraogi Aged About 45 Years R/o Shankar Nagar Road, Opposite Pahuna, Raipur, Ps Civil Line Tah. And Distt. Raipur C.G.
---- Petitioners
Versus
1. State Of Chhattisgarh Through Gol Bazar Police Station, Raipur, Distt. Raipur (C.G.)
3. Shri Sunil S/o Banisingh Thakur Aged About 41 Years R/o 6115, D.L.F. Ct, Gurgaon (Haryana).
---- Respondents For Petitioners None.
For State Mr. Bhaskar Pyasi, Panel lawyer SB: Hon'ble Shri Justice P.Sam Koshy Order On Board 28.11.2016
1. The present CRMP has been filed seeking for relief of quashing /setting aside of an FIR registered in Crime No. 92/2011 registered at police station Golbazar, Raipur. Wherein against the present Petitioner an FIR was registered for the offence punishable under Sections 420, 467, 468, 471 and 120B IPC. In the alternative the Petitioner has also sought for an order directing the Chief Judicial Magistrate, Raipur to decide the matter in the light of the final report No. 2/2012 submitted by Respondent No.1 in Crime No. 92/2011 whereby after the investigation the Police Authorities have held that no offence is made out against the
present Petitioner.
2. Learned State Counsel at this juncture submits that so far as the second relief as sought for by the Petitioner, the State does not have objection if the said relief is granted.
3. According to the State Counsel the matter has been thoroughly investigated by the investigating agency, only then the final report Annexure P/6 which is annexed along with the Petition has been submitted before the Court below on 19.06.2012 whereby the closure report for rejecting the complaint itself has been made by the police authorities.
4. Based upon the submissions made by the State Counsel, this Court feels that ends of justice would meet if the alternative relief sought by the Petitioner is allowed.
5. Accordingly, the matter is disposed off with a direction to the Court below i.e. Court of Judicial Magistrate First Class, Raipur who in turn shall take a final decision on the basis of the final report submitted by the police authorities on 19.06.2012 in Crime No. 92/2011 registered at police Station, Golbazar Raipur on 12.04.2011. It is expected that the Court below shall take a decision on the case as expeditiously as possible within a period of six months from today.
6. With the aforesaid observation the present Cr.M.P. stands disposed off. Sd/- (P. Sam Koshy) JUDGE kishore