NAFR H IGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2031 of 2019 Avadhram Sidar S/o Milan Prasad Aged About 32 Years R/o Village Kotmi, Police Station And Tahsil Dabhra, District Janjgir Champa Chhattisgarh ---- Petitioner Versus State Of Chhattisgarh, Through District Magistrate Janjgir, District Janjgir Champa Chhattisgarh ---- Respondent (Cause title taken from Case Information System)

____________________________________________________________ For Petitioner : Mr. Suresh Tandan, Advocate on behalf of Mr. Deepak Kumar Singh, Advocate For Respondent/State : Mr. Amit Buxy, Panel Lawyer ____________________________________________________________

Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha, C.J.

08/07/2024

1. Petitioner has filed this writ petition seeking following reliefs:-

“1. That, this Hon'ble Court may kindly be pleased to call for the case diary and entire records in criminal case no. 06/2019, parties State of Chhattisgarh Vs Avadhram and another which is pending before learned Judicial Magistrate first Class, Dabhra, District Janjgir Champa (C.G.)

2. That, the Hon'ble High Court may kindly be pleased to allow this petition and quash the order dated 24.07.2019 (Annexure P/1) and 12.03.2019 (Annexure P/2).

3. That, the Hon'ble High Court may kindly be pleased to allow this petition and quash the entire proceeding first information report, charge-sheet and framing charge against the petitioner in crime no. 202/2017 offence under section 420, 467, 468, 471 read with 34 of Indian Penal Code in criminal case no. 06/2019 and in pending before learned Judicial Magistrate First Class Dabhra, District Janjgir Champa (C.G.) in the interest of justice.

4. That, any other directions or relief which this Hon'ble Court may deem fit may kindly be passed in favour of the petitioner.”

2. Relevant facts for disposal of this petition is that complainant (Nitesh Kumar Upadhyay) has lodged report against the petitioner before the concerned Police Station mentioning therein that the petitioner has made forged vouchers and bills in the name of different works and paid the amounts through cheque. Based upon report, inquiry has duly been conducted by the Inquiry Officer in which allegations leveled against the petitioner found to be proved. After due investigation and enquiry, the Police authority has registered the criminal offence against the present petitioner. The trial Court vide order dated 12.03.2019 has framed the charges against the petitioner for offence under Sections 420, 467, 468, 471 read with Section 34 of Indian Penal Code and aggrieved by which the petitioner preferred the revision before the Revisional Court which came to be rejected vide order dated 24.07.2019.

3. Learned counsel for the petitioner submits that the learned Courts below have not marsling the statements of witnesses recorded under section 161 of Cr.PC and final report submitted by the police. Prosecution agency written several letters to the office of Janpad Panchayat, Dabhra under section 91 of Cr.PC for production of documents, but the same has not been supplied. The trial Court in absence of original documents and only on the basis of photocopy of documents have framed the charges against the petitioner.

Investigation agencies have mention in its final report that the Secretary of the village panchayat has signed the document/cheque for the payments. The Police has recorded statements of witnesses under Section 161 of CrPC in which name of the petitioner has not been disclosed/mentioned, hence, prima facie no case is made out against the petitioner. The charges framed against the petitioner by the trial Court is illegal and contrary to the provisions of law.

4. Learned State Counsel opposes the submissions of learned counsel for the petitioner would submits that impugned orders passed by learned Courts below is just, proper, legal and strictly in accordance with law and there is no infirmity or i