NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No.91 of 2024 Chandra Pratap son of Ramnarayan Singh, aged about 32 years, resident of Basantpur, Police Station-Basantpur, District-Balrampur-Ramanujganj (CG)

---- Petitioner Versus

1. State of Chhattisgarh Through the Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur (CG)

2. The Superintendent of Police, District Balrampur-Ramanujganj (CG)

3. The Station House OfÏcer, Police Station-Basantpur, District Balrampur-Ramanujganj (CG)

4. Kauleshwar son of Dalsai, aged about 65 years, resident of Village-

Basantpur (Jharapara), Police Station-Basantpur, District Balrampur-

Ramanujganj (CG) ---- Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr.Gautam Khetrapal, Advocate For Respondents No.1 to 3 : Mr.Sangharsh Pandey, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

19 .03 .2024

1. Heard Mr.Gautam Khetrapal, learned counsel for the petitioner. Also heard Mr.Sangharsh Pandey, learned Government Advocate, appearing for respondents No.1 to 3/State.

2. The present writ petition has been filed by the petitioner with the following prayers:

“10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby quashing the impugned FIR bearing Crime No.23/2024 registered at Police Station Basatnpur, District Balrampur- Ramanujganj (CG) (Annexure P/1) against the petitioner for the offence punishable under Section 420 of IPC.

10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

3. Brief facts of the case are that the petitioner is posted as Assistant Teacher in the School Education Department and he is a government servant. On 27.02.2023 respondent No.4 has executed a registered sale deed in favour of the petitioner in respect of land bearing khasra No.0.2023 hectare out of total admeasuring area 1.400 hectare situated at village Basantpur, P.H.No.20, Tahsil Wadrafnagar, District Balrampur- Ramanujganj before the Deputy Registrar, Ramanujganj in presence of witnesses and on the basis of registered sale deed, the said land has been recorded and mutated in the name of the petitioner as khasra No.1664/2. After lapse of about 1 year from the date of execution of registered sale deed, respondent No.4 made complaint before the Police Station- Basantpur alleging therein that in place of 17 dismil of land, the petitioner got sale deed executed in respect of 50 dismil of land and before execution of sale deed, the petitioner administered liquor to respondent No.4 and the sale deed was executed by respondent No.4 under the influence of liquor.

4. On the basis of said report, respondent No.3 has registered the FIR bearing Crime No.23/2024 against the petitioner for offence punishable under Section 420 of the IPC. After knowledge of registration of FIR, the petitioner has made complaint before the Superintendent of Police, Balrampur stating therein that respondent No.4 has lodged false complaint against the petitioner only for getting the land back from the petitioner.

Hence, this writ petition.

5. Learned counsel for the petitioner submits that the impugned FIR is bad in law, being arbitrary, therefore, liable to be quashed. Respondent No.4 has executed the sale deed in favour of the petitioner after taking the consideration amount in front of witnesses and the sale deed was executed in the ofÏce of the Deputy Registrar and after lapse of 1 year from the date of execution of registered sale deed, respondent No.4 has made false complaint against the petitioner only for getting the land back. He further submits that the dispute between the parties is in respect of execution of sale deed which is purely civil in nature and no criminal offences are made out against the petitioner. If any wrong or vague sale deed got executed by the petitioner, th