2024:CGHC:44406-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3060 of 2024 Rajnish Kumar Tiwari S/o Umesh Prasad Aged About 42 Years R/o Kanti Nagar - Bilaspur, Tahsil And Distt - Bilaspur, Chhattisgarh.

... Petitioner versus

1 - State Of Chhattisgarh Through P.S. - City Kotwali Raigarh, Distt -

Raigarh, Chhattisgarh.

2 - Viksh Niganiya S/o Dinesh Niganiya Aged About 37 Years R/o Krishna Vihar Colony, Kotara Road, Raigarh, Distt - Raigarh, Chhattisgarh. (Complainant)

... Respondents For Petitioner : Mr. A.N. Paney and Mr. Varunendra Mishra, Advocates For Respondents : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Amitendra Kishore Prasad , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

14.11.2024

1. Heard Mr. A.N. Paney and Mr. Varunendra Mishra, learned counsel for the petitioner. Also heard Mr. Malay Jain, learned Panel Lawyer for the respondent / State.

2. The petitioner has filed this petition with following prayer:

“It is therefore prayed that this Honble Court may kindly be pleased to quashed the F.I.R as well as entire charge sheet in respect of crime no.1363/2022 registered at Police Station- City Kotwali -Raigarh Distt- Raigarh) against the petitioner as well as quashed the entire criminal proceeding in respect of petitioner in Criminal case Depositor interest Act no. 01/2023 pending before the Special Judge (Chhattisgarh Protection of Depositors Interest Act 2005) Raigarh, Distt-

Raigarh (C.G), in the interest of justice.”

3. Prosecution story in a nutshell is that the the complainant Vikash Niganiya, lodged the written compliant before the police Station - City Kotwali Raigrh, alleging that in the year 2014, the then Branch Manager of Sahara India, Kabir Chowk namely Omprakash Sharma came to me and advertised about the credibility and investment program of Sahara India and assured me that Sahara India has the permission and guidelines of Reserve Bank of India and on investing money in it, interest and principal amount is fully guaranteed. On the request of the then Branch Manager Omprakash Sharma, complainant deposited Rs 40,00,000/- in Sahara India from June 2017 to September 2017 in his name or father and wife's name and then Branch Manager gave 182 bonds of the said amount but after completing of locking period, the said amount has not been returned to the complainant and committed the alleged crime. On the basis of complaint lodged by the complainant, police of police station -City Kotwali Raigarh, registered the Crime no. 1363/2022 against the D.K.Awashti Director of Sahara Company, Kuldeep Pandey (Manager), Amrit Shrivas ( Manager) and A.K Chandra (Manager)

of the Sahara India for the alleged offences U/s 420,120 (B),34 of Indian Panel Code and U/s 6 & 10 of Chhattisgarh Protection of Depositors Interest Act 2005 and U/s 3,4 & 5 of Prize Chits and Money Circulation Scheme (Banning) Act 1978.

4. After completion of investigation, police filed charge-sheet against the four accused persons and trail is going on against the 4 accused persons in criminal Case (Depositor Interest Act) No. 01/2023 before the learned Special Judge (Chhattisgarh Protection of Depositors Interest Act 2005) Raigarh, Distt- Raigarh (C.G) and after filling of charge sheet to 4 accused persons, police made an accused to the petitioner and arrested to him and vide order dated 18.7.2024, this Hon'ble Court was pleased to grant the regular bail of the petitioner in M.Cr.С Nо. 5100/2024. After completion of investigation, police filed the supplementary charge sheet before the competent court on 5.10.2024.

5. Learned counsel for the petitioner submits the petitioner is innocent person and he was falsely implicated by the investigating agency in the false and fabricated case though the petitioner has not committed any offence as leveled against him. Further, the complainant deposited the amount of Rs 40,00,000/- in Sahara India from June 2017 to September 2017 in his name of his father's and wife's name and