NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1001 of 2022 Subhash Chandra Sharma S/o Late Shri S.S. Sharma Aged About 57 Years R/o House No. 21, Street No. 03, Lahiya Nagar, Kaapa-Pandri, District Raipur Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Principal Secretary, Home Department, Mahanadi Bhawan, New Raipur, Chhattisgarh.

2. The Superintendent Of Police, Raipur Chhattisgarh.

3. Special Investigation Cell, Through The Office In Charge Traffic Head Quarter Premises, Kalibadi Raipur, Chhattisgarh.

4. The Police Station Palari, Through The Station House Officer, District - Baloda Bazar, Chhattisgarh.

---- Respondents CRMP No. 1029 of 2022

1. Sunil Kumar Ojha S/o Girija Shankar Ojha Aged About 45 Years R/o Subhash Nagar, Kukaripara, Raipur Chhattisgarh.

2. Subhash Chandra Sharma S/o Lt. Shri S.S. Sharma Aged About 57 Years R/o House No. 21, Street No. 03, Lohiya Nagar, Kaapa Pandri, District : Raipur, Chhattisgarh ---- Petitioners Versus

1. State of Chhattisgarh Through The Principal Secretary, Home Department, Mahanadi Bhawan, New Raipur Chhattisgarh.

2. The Superintendent Of Police Raipur, Chhattisgarh.

3. Special Investigation Cell Through The Office In Charge Traffic Head Quarter Premises, Kalibadi Raipur Chhattisgarh.

4. The Police Station Sarsiva, Through The Station House Officer, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents CRMP No. 1032 of 2022

1. Sunil Kumar Ojha S/o Girija Shankar Ojha Aged About 45 Years R/o Subhash Nagar, Kukaripara, P.S. Purani Basti, Raipur, Chhattisgarh

2. Subhash Chandra Sharma S/o Late Shri S.S. Sharma Aged About

57 Years R/o House No. 21, Street No. 03, Lahiya Nagar, Mava, P.S. Pandri, District Raipur, Chhattisgarh ---- Petitioners Versus

1. State of Chhattisgarh Through The Principal Secretary, Home Department, Mahanadi Bhawan, New Raipur, Chhattisgarh

2. The Superintendent Of Police Raipur, Chhattisgarh

3. Special Investigation Cell Through The Office Of Charge Traffic Head Quarter Premises, Kalibadi Raipur, Chhattisgarh

4. The Police Station Pandri, Through The Station House Officer, District Raipur, Chhattisgarh ---- Respondents (Cause-title taken from Case Information System)

For Petitioners : Mr. Y.C. Sharma, Senior Advocate assisted by Mr. Vishal Chandrawanshi, Advocate.

For Respondent/State : Mr. Ranbir Singh Marhas, Additional Advocate General.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

30 .04.2024

1. Heard Mr. Y.C. Sharma, learned Senior Advocate assisted by Mr. Vishal Chandrawanshi, learned counsel for the petitioners. Also heard Mr. Ranbir Singh Marhas, learned Additional Advocate General, appearing for the respondents/State.

2. By the present petitions the petitioners seek to challenge the charge sheet which was made out of Crime No. 138/10 at Police Station Palari, Raipur in the Criminal Case No. 1638/12, thereby implicating the name of the petitioners as a co-accused in crime by the mean of supplementary charge-sheet No. 68A/11 dated 16.08.2011 and registered the offence under Section 120, 120B, 409, 411, 414, 420 of the Indian Penal Code (for short, the IPC) and Section 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (for short, the Act of 1978) against the petitioners having no jurisdiction whatsoever and also without having the ingredient which would attract the aforesaid offences.

3. The facts of the case are that a complaint has been registered by the complainant against the Director and Operator of M/s Royal Vision Care Marketing and Service Pvt. Ltd. being involved in the Money Circulation Scheme (Chit Fund Scheme). Subsequently, the main accused, namely, M. Velayuth Kumar, who was the director of the said Chit Fund Company was arrested by the Police Authorities and after completing the investigation Police had filed the charge-sheet against the accused. During investigation, the accused M. Velayuth Kumar has given the statement to the