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2023 Supreme(Chh) 404

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, N.K. CHANDRAVANSHI, JJ.
Dr. Raman Singh S/o. Late Shri Vignaharan Singh & Ors. - Petitioners
Versus
State of Chhattisgarh Through Chief Secretary & Ors. - Respondents
WPCR Nos. 323, 325 of 2021
Decided On : 20-09-2023

Advocates Appeared:
For the Petitioners:Mr. Mahesh Jethmalani, Senior Advocate, Mr. Vivek Sharma, Mr. Apoorv Kurup, Mr. Gary Mukhopadhyay, Ms. Ayushi Agrawal, Mr. Abhishek Gupta, Mr. Ravi Sharma and Mr. Neeraj Jain, Mr. Ajay Burman, Senior Advocate alongwith Mr. Neeraj Jain, Mr. Avadhesh Kumar Singh.
For the Respondents:Mr. S.C. Verma, Advocate General with Mr. Chandresh Shrivastava, Additional Advocate General.

Headnote:

Indian Penal Code, 1860 - Section 504, 505 (1)(b), (1)(c), 469, 188, 182 and 211 – Criminal Procedure Code, 1973 - Section 91, 482 – Constitution of India, 1950 - Article 226 - Insult with intent to provoke breach of peace - Forgery for purpose of harming reputation - Disobedience to order duly promulgated by public servant - Quash and set aside FIR lodged at PS against petitioner – Held, Posting/tweeting a message which is more in form of a political gossip, has been tried to given a shape of an act of spreading fake news and inciting of violence - From perusal of FIR, it can be safely held that no offence whatsoever is made out against petitioners - Hence, Court cannot permit same to be proceeded with - Respondent No. 4 has tried to rope petitioners as well as one Union Minister and other functionaries of BJP on a petty political ideological tussle, which shows malafide on part of said respondent as after lodging of FIR, he has not cared to put forth his version in support of FIR, before this Court – Court is of considered opinion that impugned FIR for the offences in question, registered at Police Station, deserve to be and is accordingly quashed - Writ petitions are allowed.

ORDER :

Ramesh Sinha, J.

1. The petitioner (in WPCr No. 323 of 2021)has prayed for the following reliefs :

<<

    “(i) Quash and set aside the FIR (No. 0215 of 2021) dated 19.05.2021 lodged at PS Civil Lines, District Raipur against the petitioner, and,

    (ii) Punish the Respondent No. 4, Mr. Akash Sharma u/s. 182 and 211 of the IPC for filing the false complaint recorded in FIR No. 0215 of 2021 dated 19.05.2021 lodged at PS Civil Lines, District Raipur, Chhattisgarh.

    (iii) Punish the officers/personnel concerned of the respondents No. 1 – 3 for acting upon the false complaint of the Respondent No. 4 by lodging FIR No. 0215 of 2021 dated 19.05.2021 lodged at PS Civil Lines, District Raipur, Chhattisgarh and for taking consequent steps.

    (iv) Impose punitive and exemplary cost upon the Respondents for illegally prosecuting the petitioner.

    (v) Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case alongwith cost of the petition be awarded.”

    2. The petitioner (in WPCr No. 325 of 2021) has prayed for the following reliefs :

    <<

      “(i) Quash and set aside the FIR (No. 0215 of 2021) dated 19.05.2021 lodged at Police Station Civil Lines, district Raipur against the petitioner for commission of offences under Section 504, 505 (1)(b), 505(1)©, 469, 188 IPC and,

      (ii) Punish the Respondent No. 4, Mr. Akash Sharma, u/s. 182 and 211 of the IPC for filing the false complaint recorded in FIR No. 0215 of 2021 dated 19.05.2021 lodged at PS Civil Lines, District Raipur, Chhattisgarh.

      (iii) Punish the officers/personnel concerned of the Respondent Nos. 1-3 for acting upon the false complaint of the Respondent No. 4 by lodging FIR No. 0215 of 2021 dated 19.05.2021 lodged at PS Civil Lines, District Raipur, Chhattisgarh and for taking consequent steps.

      (iv) Impose punitive and exemplary costs upon the Respondents for illegally prosecuting the Petitioner.

      (v) Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case alongwith costs of the petition be awarded.”

      3. Since both the writ petition seeks to challenge FIR bearing Crime No. 0215 of 2021 dated 19.05.2021 registered against the petitioner-Dr. Raman Singh and the petitioner-Dr. Sambit Patra, they are being considered and decided by this common order.

      4. The facts, in brief, as projected by the petitioner (in WPCr No. 323/2021) are that the petitioner-Dr. Raman Singh is a well-respected and leading member of society. He has been a former Union Minister and three-time Chief Minister of Chhattisgarh, having served in that office for over 15 years. During that time, the Petitioner was instrumental in numerous social welfare initiatives which were recognized and appreciated both, nationally and internationally For instance, the Petitioner helped establish one of the best performing public distribution systems (PDS) in India which was appreciated even by the Hon'ble Supreme Court, as well as many other transformative programs for the promotion of digital technology. Agricultural loans, medical care, food security and the education of the girl-child He is now a Member of the Legislative Assembly of Chhattisgarh and one of the senior-most leaders of the opposition in the Chhattisgarh Vidhan Sabha. In addition, he currently serves as the National Vice-President of the Bharatiya Janata Party (BJP) i.e. a national political party. The petitioner is therefore actively involved in national affairs, as well as those concerning the State of Chhattisgarh, and has devoted his life for the welfare of the people of India.

      5. The petitioner in WPCr No. 325/2021, namely Dr. Sambit Patra is a well-respected and leading member of society. He is a Doctor by profession and was a former Medical Officer at Hindu Rao Hospital, Delhi. He is a member of the BJP and is presently serving as the National Spokesperson. He is actively involved in the national affairs and is directly concerned with the issues affecting the daily lives of people throughout the c

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