NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1663 of 2024  Surendra Kumar Paikara S/o Yatbal Sai Paikara Aged About 36 Years Tahsildhar Latori, District- Surajpur, (C.G.), (Then Tahsildhar Wardrafnagar), District- Balrampur-Ramanujganj, Chhattisgarh.

---- Petitioner Versus

1. The State of Chhattisgarh Through The Secretary, Ministry of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh.

2. The Sugperintendent of Police Balrampur, District- Balrampur-

Ramanujganj, Chhattisgarh.

3. The Station House Officer Police Station Raghunathnagar, District Balrampur-Ramanujganj, Chhattisgarh.

4. Town Inspector Police Station Raghunathnagar, District- Balrampur-

Ramanujnagar, Chhattisgarh.

5. Anil Kumar Sahu S/o Late Radheshyam Sahu Aged About 38 Years R/o Village Sarna, Tahsil- Wardrafnagar, District- Balrampur-

Ramanujganj, Chhattisgarh.

---- Respondents CRMP No. 1670 of 2024  Vineet Kumar Singh S/o Ramraj Singh Aged About 34 Years Then Tahsildar Cum Sub Registrar, Ramanujganj, District Balrampur- Ramanujganj, Chhattisgarh., At Present Posted As Tahsildar Katekalyan, District South Bastar Dantewada, Chhattisgarh.

---- Petitioner Versus

1. The State of Chhattisgarh Thorugh The Secretary, Ministry of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

2. The Superintendent of Police Balrampur, District Balrampur-

Ramanujganj, Chhattisgarh.

3. The Station House Officer Police Station Raghunathnagar, District Balrampur-Ramanujganj, Chhattisgarh.

4. Town Inspector Police Station Raghunathnagar, District Balrampur-

Ramanujganj, Chhattisgarh.

5. Anil Kumar Sahu S/o Late Radheshyam Sahu Aged About 38 Years R/o Village- Sarna, Tahsil- Wardrafnagar, District Balrampur-

Ramanujganj, Chhattisgarh.

---- Respondent (Cause-title taken from Case Information System)

For Petitioners : Mr. A.K. Prasad, Advocate.

For Respondent Nos. 1 to 4/State : Mr. Shashank Thakur, learned Deputy Advocate General and Mr. Pankaj Singh, learned Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

01.07.2024

1. Heard Mr. A.K. Prasad learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned Deputy Advocate General and Mr. Pankaj Singh, learned Panel Lawyer, appearing for respondents No. 1 to 4/State.

2. The petitioners have filed these petitions with the following prayer:

“ (a) Call for the records of the Courts below (b) That, this Hon’ble Court may kindly be pleased to quash the First Information Report dated 14.05.2024 bearing Crime No. 35/2024 registered at Police Station – Raghunathnagar, District – Balrampur – Ramanjuganj (C.G.)

against the petitioner for the offence punishable under Section 420, 34 of the IPC.”

3. Brief facts are necessary for the case are that petitioner Surendra Kumar Paikra was working as Tahsildar and petitioner Vineet Kumar Singh was working as Sub Registrar at the relevant point of time. According to complaint, one Sangeeta Devi, sister of the complainant has sold a piece of land measuring 0.81 hectors out of khasra No.352 situated at village Sarna, Revenue Circle Raghunathnagar, Wardrafnagar, District Balrampur Ramanujganj through registered sale deed dated 01.08.2022 to one Benimadhav Gupta, though the property in question was joint family property among the sons and daughter of late Radheshyam Sahu. The sister of the complainant has relinquished her share while receiving Rs. 48,000/- from her brother and accordingly, her name was deleted from the revenue records, however, subsequently, Sangeeta has got inserted her name in the revenue records and on the basis of her name, reflected in the revenue records, she has got prepared a map which was prepared by the Patwari and counter signed by the present petitioner being the Tahsildhar, who in connivance of all the accused persons have facilitated seller Sangeeta to sale a piece of land showing it to be her share and has got the registered sale deed