2026:CGHC:7835-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3505 of 2024

1 - Shashikiran Atbhaiya W/o Bhupendra Kumar Atbhaiya Aged About 36 Years R/o- Near Mahadeva Talab, Changorabhatha, Deendayal Nagar Raipur, District- Raipur (Chhattisgarh)

2 - Bhupendra Kumar Atbhaiya S/o Kuwar Singh Atbhaiya Aged About 40 Years R/o- Near Mahadeva Talab, Changorabhatha, Deendayal Nagar Raipur, District- Raipur (Chhattisgarh)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Station House Officer Police Station-

Rakhi Raipur, District- Raipur (Chhattisgarh)

2 - Vijay Kumar Das S/o B.R. Das Aged About 47 Years R/o- Lig 66, Avanti Vihar Raipur, District- Raipur (Chhattisgarh)

... Respondent(s)

For Petitioner(s) : Ms. Fouzia Mirza, Sr. Advocate along with Mr. Ali Afzaal Mirza, Advocate.

For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer.

For Respondent No.2 : Mr. Amiyakant Tiwari, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Digitally signed Order on Board by ALOK ALOK SHARMA SHARMA D 20 a 2 te 6 : .02.19 +0530 Per Ramesh Sinha, Chief Justice

12/02/2026

1. Heard Ms. Fouzia Mirza, Sr. Advocate along with Mr. Ali Afzaal Mirza, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the Respondent/State, Mr. Amiyakant Tiwari, learned counsel appearing for the Respondent No.2.

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

“1. To kindly quash the FIR dated 02.11.2024 bearing Crime No. 229/2024 registered at Police Station Rakhi, District Raipur (C.G.) against the petitioners for the offence U/s 417, 120-B of IPC (Annexure-P/1).

2. To kindly quash impugned order dated 03.09.2024 (Annexure-P/2), whereby the learned Judicial Magistrate First Class Raipur (C.G.) in case no. Unregistered/2023 has accepted the application U/s 156(3) of Cr.P.C. filed by the respondent no. 2/complainant and has directed the Station House Officer Police Station Rakhi, District Raipur (C.G.) to register FIR against the petitioners and to present Final Report after completion of the investigation.

3. And to grant any other relief to the petitioners as this Hon'ble Court may deem fit and proper in facts and circumstances of the case, may also be granted to the petitioners.”

3. The brief facts of the case are that the respondent No.2 is the complainant in the present case, he filed an application under Section 156(3) of Cr.P.C. before the learned Judicial Magistrate First Class, Raipur on 18.10.2023 making a complaint that he is practicing as an advocate, the petitioner No.1 Shashikaran Atbhaiya lodged a compliant against him before the Police as well as Higher Authorities of the State for the offence under Section 419, 420, 467, 468 and 471 of IPC. The petitioner No.1 is working as Co-operative Inspector posted at the Office of Registrar, Co-operative Societies, Indrawati Bhawan Nawa Raipur. It is alleged in the complaint made by the petitioner No.1 against the respondent No.2 that he engaged in illegal activities of engaging in election duty, harassing her at the office of Registrar, Nawa Raipur and preparing the forged letter head in the name of Vide President of a particular political party of the State and used for posting on deputation at Chhattisgarh Rajbhasha Ayog. The complaint was inquired by the Police Authorities and submitted their report in between 06.07.2020 and 24.02.2021 to the Higher Authorities and found the complaint against the respondent No.2 false. In the application by the respondent No.2 it is alleged that the husband of the petitioner No.1 i.e. petitioner No.2 had given two cheques to the brother of the complainant namely Sanjay Kumar Das on 10.02.2020 for the total consideration of Rs. 13,25,000/- which was dishonored by the payee bank on 12.02.2020 and only to came out from the liability to pay the amount of cheques, the complaint was filed by the petitioner No.1, therefore, the FIR may be registered