Order on Board

Per Ramesh Sinha, C.J.

13/01/2025

1. The petitioner has filed the present petition under Section 482 of the Digitally signed by VEDPRAKASH DEWANGAN Code of Criminal Procedure, 1973 for quashing of the FIR of Crime No. 251 of 2022 registered on 23.06.2022 at Police Station Nevai, District Durg for the offence under Sections 418, 467, 468, 471 and 34 of IPC. It is alleged in the FIR lodged by the respondent No.2/complainant that on 10.06.2022, the respondent No. 2/complainant made a written complaint to the Police Station Nevai with the allegation that he was working as Principal at Vishwavidyalaya Engineering College, Ambikapur and the accused persons by manipulating in his service book had got him superannuated 5 years before than the actual date of his superannuation. He made various representations to the various authorities including the Chhattisgarh Swami Technical University, Bhilai but no action has been taken on his representation. After due inquiry on his complaint, the FIR of Crime No. 251 of 2022 has been registered at Police Station Nevai on 23.06.2022 for the aforesaid offences against the present petitioner and three other accused persons. The said registration of the FIR is challenged by the petitioner.

2. Learned counsel for the petitioner would submit that in the present case, the investigation has concluded and closer report has been filed before the concerned Magistrate, which is pending for its consideration. He further pointed out that the statement of the respondent No. 2/Dr. Ram Narayan Khare, who is the complainant in the case, has also been recorded, but no order has been passed till date.

through virtual mode in person has submitted that he has not been supplied with the copy of petition by the counsel of the petitioner and he may be directed to supply the copy of the petition.

4. Considering the fact that in the present petition, the prayer for quashing of the FIR has been made, but during pendency of the petition, the investigation is concluded and closer report has been filed by the police and the statement of the respondent No.2 has already been recorded by the Magistrate concerned, we are not inclined to interfere in the petition at this stage. However, the Magistrate concerned is directed to pass appropriate orders on the closer report within 4 weeks from the date of production of certified copy of this order.

5. With the aforesaid observation and direction, the present petition is disposed of

6. If any of the parties aggrieved by the order passed by the Magistrate concerned, they can take recourse to law, if so advised.