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2017 Supreme(Chh) 432

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJENDRA CHANDRA SINGH SAMANT, J.
Krishna Kumar Sahu, S/o. Late Shri T. R. Sahu - Petitioners
Versus
Union of India Through The Secretary, Law and Legislative Affairs Department, New Delhi - Respondents
W.P.(CR.) No. 63 of 2017
Decided On : 24-08-2017

Advocates Appeared:
For the Petitioners:Mr. S.C. Verma, Advocate
For the Respondent:Mr. N.K. Vyas, Asst. S.G., Mr. J.K. Gilda, Advocate General with Mr. Ramakant Mishra, Dy.A.G., Mr. Kishore Bhaduri, Advocate with Mr. Pawan Kesharwani, Advocate

Headnote:

Constitution of India,1950 - Articles 226/227, 32, 12 and 43A - Criminal Procedure Code,1973 – Sections 43A, 397 , 204 , 482 , 203 and 156 (3) - Coercion and threatening - Complainant filed an application - Order for filing of charge-sheet - Appeal against acquittal - Counsel for the petitioners submits that petitioner No.1/complainant filed an application U/s. 156 (3) of Cr.P.C. before the Special Court, Dhamtari against respondent No.10, alleging in it that respondent No.10 is holder of disproportionate assets. On orders of Special Court, an enquiry was made by EOW and report was submitted by the Anti Corruption Bureau dated 12.06.2014 according to which, no cognizable offence is made out against respondent No.10 - is submitted by the counsel for the petitioners that it is a finding in the report of the enquiry officer that property valued – Held, Settled position of law that merely on the basis of suspicion, no enquiry can be ordered to be conducted either by the State agency or by CBI and that only in exceptional and extra ordinary cases, the investigation can be ordered to be conducted by CBI by the High Court. On the other hand petitioner No.1 had remedy available under Section 397 of Cr.P.C. to file revision against the order passed or at the most move this Court U/s. 482 of Cr.P.C. Limitation to bring revision has clearly expired. Hence an effort has been made to raise a time barred matter under Article 226 of the Constitution of India - Case is dismissed

ORDER :

1. This petition under Article 226/227 of Constitution of India has been brought with prayer for issuance of various writs, for calling of records, for special investigation in the matter against the respondent No.10, for order of constitution of special investigation team and various other reliefs.

2. Counsel for the petitioners submits that petitioner No.1/complainant filed an application U/s. 156 (3) of Cr.P.C. before the Special Court, Dhamtari against respondent No.10, alleging in it that respondent No.10 is holder of disproportionate assets. On orders of Special Court, an enquiry was made by EOW and report was submitted by the Anti Corruption Bureau dated 12.06.2014 according to which, no cognizable offence is made out against respondent No.10. It is submitted by the counsel for the petitioners that it is a finding in the report of the enquiry officer that property valued at Rs.24,10,426/- was found in excess to the earnings of the respondent No.10 during the check period. It is submitted by the counsel for the petitioners that on the basis of this report, the Special Court was bound to order for filing of charge-sheet. It is further submitted that petitioner No.1/complainant was coerced and threatened by respondent No.10 to withdraw the complaint against him, hence under coercion, petitioner No.1 was compelled to file application before the Special Court for withdrawal of complaint on which the order dated 05.07.2014 (Annexure P/1) was passed. It was under the duress that petitioner No.1 was compelled to file application before this Court in W.P.(Cr.) No.50/2014 with prayer to send the record of the case to the trial Court for passing appropriate order on the application made by the petitioner No.1.

3. It is submitted by counsel for petitioners that for purpose of coercion and threatening the petitioner No.1, false complaint was filed against him by one Bajrang Agrawal (Annexure P/29). On the basis of which, an FIR was registered against petitioner No.1, in P.S. – Rudri for offence U/s. 384 of Indian Penal Code. Later on petitioner No.1 was acquitted from the prosecution based on that FIR because complainant, Bajrang Agrawal turned hostile before the Court. Just prior to the filing of application before the Special Court below for withdrawal of application under Section 156 (3) of Cr.P.C., on 05.06.2014, one application was filed by Bajrang Agrawal in P.S. Rudri on the same date with prayer not to proceed against petitioner No.1 on the basis of complaint made by him. It is further submitted that petitioner No.1 had to file an application before Superintendent of Police, Dhamtari on 22.02.2014 to provide protection. All these facts shows that how the petitioner No.1/complainant was entrapped and coerced to withdraw the application filed by him before the Special Court in well planned manner.

4. It is further submitted that petitioner No.1 was compelled to file application before various authorities including the Chief Justice of the High Court of C.G. to seek his personal protection. Petitioner No.1 had an anticipation filed a complaint before the Superintendent of Police, Dhamtari, Inspector General of Police, Raipur Range, D.G.P. and Superintendent of Police, Anti Corruption Bureau on 14.05.2014 that he may be implicated in some false case. It is also submitted that the application filed by petitioner No.1 under Section 156 (3) of Cr.P.C. had sufficient substance, which has not been investigated or enquired into.

5. Reference has been made to order dated 23.01.2004, passed by Special Secretary, C.G. Government, which shows how the District Administration and government had collaborated with respondent No.2 in the matter of exchange of lands, according to which, the land in the name of brother of respondent No.10 which was lying in the interior part was exchanged with land on the road side and it was reported by the concerned revenue officer that price of both the lands are same. It is submitted that an illegal colon
























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