2024:CGHC:34240-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2385 of 2024

1. Parasnath Rajavade S/o. Late Rudan Ram Rajavade Aged About

48 Years Profession - Government Servant, R/o. Mishra Lane, Surajpur, Behind Global School, P.S. Surajpur, Tehsil And District –

Surajpur,(C.G.)

2. Ramvriksha Dewangan S/o. Late Surajnath Dewangan Aged About

65 Years R/o. Village - Dumariya (Schoolpara), P.S., Tehsil And District - Surajpur (C.G.)

3. Loknath Rajavade S/o. Shri Hulas Ram Rajavade Aged About 31 Years Profession - Farmer, R/o. Village - Dumariya, P.S.- Surajpur, Tehsil And District - Surajpur (C.G.)

4. Anurag Rajwade S/o. Parshuram Rajwade Aged About 31 Years R/o. Village - Korja, Post - Jamgala, P.S. And Tehsil - Lakhanpur, District - Sarguja (C.G.)

5. Alok Singh S/o. Dilbodh Singh Aged About 24 Years R/o. Village -

Dumariya, Surajpur, Dist. Surajpur (C.G.)

6. Hulas Ram S/o. Harilal Aged About 63 Years R/o. House No. 35, Devalya Para, Village - Dumariya, Surajpur, Dist. - Surajpur (C.G.)

7. Lalsay Cherva S/o. Nanhu Cherva Aged About 60 Years R/o. 110, Uperpara, Village - Dumariya, Surajpur, District - Surajpur (C.G.)

... Petitioners versus

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

2. Collector District- Surajpur (C.G.)

3. The Station House Officer Police Station - Surajpur, District –

Surajpur(C.G.)

4. Tehsildar Tehsil - Surajpur, District - Surajpur (C.G.)

5. Sukrin Das S/o. Late Lakhau Aged About 55 Years R/o. Village -

Dumariya, P.S. Surajpur, Dist. Surajpur (C.G.)

6. Santlal S/o. Late Lakhau Aged About 60 Years R/o. Village -

Dumariya, P.S. Surajpur, Dist. - Surajpur (C.G.)

... Respondents __________________________________________________________

For Petitioners : Mr. Amit Buxy, Advocate.

For Respondent/State : Mr. R. S. Marhas, Addl. Advocate General.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

04.09.2024

1. Heard Mr. Amit Buxy, learned counsel for the petitioners. Also heard Mr. R. S. Marhas, learned Additional Advocate General appearing for the respondents/State.

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

“It is, therefore, prayed that this Hon'ble Court may be pleased to exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and in exercise thereof call for the records, if necessary, admit the petition and after hearing parties in the matter quash the Charge sheet No. 145/2024 dated 10/04/2024 filed in Crime no. 37/2024 dated 14/01/2024 lodged in P.S Surajpur, District Surajpur, for offences punishable under Sections 420, 467, 468, 471, 120(B) and 34 of IPC (ANNEXURE-P/1) and all consequent proceedings incidental/accidental thereto & orders prejudicial to the petitioner herein and/or pass such other orders in favour of the petitioners as this Hon'ble Court may deem it fit in the facts and circumstances of the case.”

3. Facts of the case, in brief, is that on the basis of written complaint lodged by the complainant/respondent Nos. 5 & 6, an FIR No.

37/2024 has been registered at P.S. Surajpur, District- Surajpur C.G. under sections 420, 467, 468, 471, 120-B and 34, of IPC alleging that, on the basis of false and fabricated documents, the present petitioners obtained a false Death Certificate dated 30/03/2008 in the name of one deceased Shiva and in furtherance thereof have recorded the land in question in their name. After investigation the impugned Charge sheet was filed before the jurisdictional Magistrate on 10/04/2024. Certified Copy of entire Charge sheet is annexed herewith as Annexure-P/1. It is further alleged that the petitioners in connivance with land mafia and revenue authorities have obtained death certificate of deceased Shiva who has already passed away in the year 1989. The petitioners after obtaining the death certificate have, on the basis of a forged and fabrica