The court focused on balancing the integrity of ongoing investigations with petitioners' rights, allowing investigation completion while restricting charge sheet submissions without judicial permission.

--- Respondents

02 .0 9 .202 5

1. Since both the above captioned petitions have been filed for quashment of the same crime number being Crime No. 301 of 2021 registered at Police Station, Kondagaon, District – Kondagaon (C.G.), they are clubbed and heard together and are being disposed of by this common order.

2. Heard Mr. Ashish Shrivastava, learned Senior Advocate assisted by Mr. Rahul Ambast, learned counsel for the petitioner in cRMP No. 512 of 2024 and Mr. Surfaraj Khan, learned counsel for the petitioner in CRMP No. 696 of 2023 as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/

respondents.

3. Both the petitions have been filed by the petitioners seeking quashment of the impugned FIR bearing Crime No. 301 of 2021 registered at Police Station, Kondagaon, District – Kondagaon (C.G.).

4. As per the prosecution story, it is alleged that the petitioner in CRMP No. 512 of 2024, namely Sandeep Shrivastava, being posted as Block Education Officer, Kondagaon (C.G.) along with other co-accused person namely, Shri Rajesh Mishra (petitioner in CRMP No. 696 of 2023), District Education Officer, Kondagaon and Shri Awadesh Pandey, Block Resource Person (BRP), Kondagaon (C.G.), during alleged supply of photographs of political leaders at Primary and Middle Schools, have raised various bills from the Primary and Middle Schools and collected Rs. 91,00,000/- and have misused the Government fund and the same has been published in local newspaper "Shram Bindu". On the basis of publication of such item in the newspaper, an inquiry was conducted by the Collector, Kondagaon and on the basis of inquiry report dated 13.08.2021, it was alleged that the accused persons have misused the Government fund during distribution/supply of photographs of political leaders for Primary and Middle Schools. Further, on the basis of inquiry report of the Collector dated 13.08.2021, First Information Report was lodged on 18.08.2021 by the Police Station Kondagaon for the alleged commission of offence punishable under Section 420 of IPC against the petitioners as well as one Shri Awadesh Pandey (BRP), Kondagaon (C.G.). Apprehending his arrest, petitioner Rajesh Chandra Mishra has filed an application under Section 438 of CrPC before this Court seeking anticipatory bail, being MCRCA No. 1247 of 2022, which was allowed by this Court vide order dated 17.01.2023 and thereafter, he has petition under Section 482 CrPC before this Court being CRMP No. 696 of 2023 seeking quashment of the impugned FIR.

5. During the investigation, the police authorities have also added offence punishable under Section 467 , 468, 471 and 34 of IPC and the petitioner in CRMP No. 512 of 2024, namely, Sandeep Shrivastava was arrested by the Police Station, Kondagaon on

08.08.2022 in connection with the alleged crime, thereafter, he had moved an application under Section 439 of CrPC before this Court for grant of regular bail being MCRC No. 7611 of 2022, which was allowed by this Court vide order dated 03.11.2022 and he was released from the jail. Thereafter, he has filed CrMP No.

512 of 2024, seeking quashment of the impugned FIR.

6. When the learned State counsel was called upon to inform about the status of the case