2025:CGHC:38279-DB NAFR Digitally signed by BABLU BABLU RAJENDRA HIGH COURT OF CHHATTISGARH AT BILASPUR RAJENDRA BHANARKAR BHANARKAR Date:

2025.08.06

10:34:39 +0530 CRMP No. 182 of 2021 B. Mahar S/o Mithu Lal Mahar Aged About 49 Years, Subedar (Ministerial), Presently Posted At OfÏce Of Superintendent Of Police, Bilaspur, District Bilaspur Chhattisgarh --- Petitioner versus

1 - State Of Chhattisgarh Through Secretary (Home), Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh

2 - Director General Of Police Head Quarters, Atal Nagar, Raipur, District Raipur Chhattisgarh

3 - Superintendent Of Police, Bilaspur, District Bilaspur Chhattisgarh

4 - SHO Police Station Civil Lines, Bilaspur, District Bilaspur Chhattisgarh --- Respondents CRMP No. 332 of 2021 Sanjay Singh S/o Late Basant Singh, Aged About 58 Years Presently Posted And Working As Sub-Inspector (Ministerial) OfÏce Of Superintendent Of Police, Mungeil, R/o Jarhabhatha, Near Shailendra Apartment, Bilaspur, District Bilaspur Chhattisgarh ---Petitioner Versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Civil Lines, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondent

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

4 .8.2025

1. Heard Mr. Abhishek Sinha, learned Senior Advocate, assisted by Mr. Ghanshyam Patel, learned counsel for the petitioner in CRMP No.182/2021, Ms.Priyanka Rai, learned counsel holding the brief of Mr.Abhishek Thakur, learned counsel for the petitioner in CRMP No.332/2021. Also heard Mr.Sakib Ahmed, learned Panel Lawyer, appearing for respondent/State.

2. Since the above two petitions are arising out of same crime number and same offence, they are being heard and decided by this common order.

3. By way of CRMP No.182/2021, petitioner- B. Mahar has prayed for following relief:-

“It is therefore, prayed that this Hon’ble Court may kindly be pleased to quash the FIR (Annexure P/1) against the petitioner for alleged offence under Section 409, 34 of IPC including all the consequential proceedings, Or any other order as this Hon’ble Court deem fit and proper be passed in the interest of justice.”

4. By way of CRMP No.332/2021, petitioner-Sanjay Singh, has prayed for following relief:-

“It is therefore most humbly prayed that this Hon’ble Court may kindly be pleased to quash the First Information Report registered vide Crime No. 103/2021 under Section 409 read with Section 34 of I.P.C. in Police Station Civil Lines Bilaspur and the subsequent proceedings thereto with respect to the petitioner, in the interest of justice.”

5. Brief facts of the case are that petitioner -B. Mahar was posted as Subedar (Ministerial) in the ofÏce of Superintendent of Police, Bilaspur on 21.10.2013 and petitioner-Sanjay Singh, posted as Sub-Inspector (Ministerial) in the OfÏce of Superintendent of Police, Mungeli. Before the date of the petitioners posting and joining, Constable No.494 Balarao Dankey had already retired on 31.07.2013 and his salary was not discontinued by his predecessor. On 3.8.2017, a complaint was made allegedly by an Ex-Constable Raj Kumar Yadav against the petitioners alleging corruption and misappropriation on multiple counts, such as disbursement of pension and salary of Retired Constable, misappropriation of TA, grant of House Rent Allowance to a Lady Constable while she was living in a Government accommodation and wrong fixation of the pay of an Inspector. The complaint being in relation to disbursement of Government funds and corruption, misappropriation and illegal benefits etc., the Inspector Ge