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High Court Of ChhattisgarhWPCR/592/2018disposed off

Bhuvneshwar Gan v. State Of Chhattisgarh

2018-10-10Hon'Ble Shri Justice Sanjay Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(Cr.) No.592 of 2018 Bhuvneshwar Gan S/o Mohit Ram Aged About 32 Years R/o Village Karhi, Police Station, Bemetara, Civil And Revenue District - Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home Affairs (Police), New Raipur, Mantralaya, New Raipur, Civil And Revenue District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Director General Of Police Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Inspector General Of Police Range Bemetara, District - Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

4. Superintendent Of Police Bemetara, Civil And Revenue District - Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

5. District Magistrate Bemetara, Civil And Revenue District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

6. Station House Officer Police Station Bemetara, District - Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

7. Station House Officer Police Station Ajak, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

8. Madhuri Pandey Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

9. Pramila Pandey Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 10.Sangeeta Pandey Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

11. Rahul Tiwari S/o Pramod Tiwari Aged About 26 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 12.Laxmi Tiwari W/o Pramode Tiwari Aged About 50 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 13.Malvika Yadav W/o Bajrang Yadav Aged About 30 Years Rajwada Jagdalpur, Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 14.G.D. Agrawal Aged About 55 Years R/o Behind Manorama Photocopy, Palace Road, Jagdalpur, Directors Of Real Gold Company Ltd. Registered

Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 15.Rajat Bajpayee S/o Rajendra Bajpayee Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 16.Karimuddin Aged About 68 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 17.Tausif Jahan Aged About 58 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 18.Jaharuddin Aged About 62 Years Directors Of Real Gold Company Ltd.

Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 19.Samimuddin Aged About 54 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 20.Shabnam W/o Jahruddin Aged About 62 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 21.Jaynunlabaddin S/o Jaharuddin Aged About 30 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 22.Shadique Rahman S/o S.S.

Rahman Aged About 53 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 23.Tasmin Rahman W/o Shadique Aged About 44 Years Directors Of Real Gold Company Ltd. Registered Address At Behind Manoram Photocopy Shop, Palace Road, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 24.

Amar Chand Shatruhan S/o Gayakwad Aged About 30 Years R/o Village Karhi, Post And Police Station, Bemetara, District - Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ------Respondents For Petitioner:

Shri Punit Ruparel, Advocate.

Respondents No.1 to 7/State:

Shri Raj Kumar Gupta, Dy A.G.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 10.10.2018 1.

By way of this Petition, the Petitioner is praying for issuance of a

direction against the Respondents/authorities to arrest Respondents No. 8 to 24 in connection with Crime No.0449/2018, which was registered on 28.08.2018.

2.

From perusal of the record, it is clear that when the offence was not registered against Respondents No.8 to 24, the Petitioner was constrained to approach this Court for registration of FIR against the said Respondents, where the case was registered as W.P.(Cr.) No.444/2018. 3.

After considering the said matter, this Court, vide order dated 07.08.2018, has directed the Respondents/authorities to register the FIR. In pursuance thereof, the FIR has been registered on 28.08.2018 for the offence punishable under Section 420 read with Section 34 of IPC and also under Sections 3 & 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and the matter is still under consideration before the Respondents/authorities. Even before completion of two months, the Petitioner has filed this Petition praying for issuance of direction to Respondents No. 8 to 24. However, based upon the facts and circumstances of the case, the contention of Shri Ruparel is liable to be and is hereby rejected.

4.

Be that as it may, the investigating authority is directed to investigate the offence, as early as possible, and submit its final report in accordance with the provisions of Code of Criminal Procedure, 1973. 5.

With the aforesaid direction, the instant Writ Petition stands disposed of.

Sd/- (Sanjay Agrawal) JUDGE Priya