2026:CGHC:1594-DB Digitally signed by ALOK ALOK SHARMA NAFR SHARMA D 20 a 2 te 6 : .01.14

10:43:18 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 73 of 2026

1 - Bhaskar Prasad Tripathi S/o Bhagwat Prasad Tripathi Aged About 56 Years R/o House No. 1469, Vivekanand Nagar, Phase-Ii, Mopka, P/s Sarkanda, Tehsil And Dist- Bilaspur, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through - District Magistrate, Bilaspur, District - Bilaspur (C.G.)

2 - Suprentendent Of Police District - Bilaspur, Chhattisgarh

3 - Sho Police Station - Sarkanda, Dist- Bilaspur, Chhattisgarh

4 - Ajit Shukla S/o J.K. Shukla R/o Agroha Housing Society, Raipur, Tehsil And District Raipur (C.G.)

5 - Dinesh Pratap Singh S/o Late Ishwari Singh R/o Mig-14, R.P. Nagar, Phase-1, Kosabadi, Korba (C.G.), At Present Address - Quarter No. D-31, Vasudev Bhawan, Shivam City, Rajkishore Nagar, Police Station Sarkanda, District Bilaspur, Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Rupesh Shrivastava, Advocate.

For Respondent(s) : Mr. Dharmesh Shrivastava, Dy. Advocate General.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

12/01/2026

1. Heard Mr. Rupesh Shrivastava, learned counsel for the petitioner. Also heard Mr. Dharmesh Shrivastava, learned Dy. Advocate General, appearing for the Respondent/State.

2. Present is a Criminal Miscellaneous Petition filed by the petitioner under Section 528 of the BNSS, 2023 for quashing of the charge-sheet No. 1335 of 2025, arising out of the FIR No. 1618/2025 registered at Police Station Sarkanda, District Bilaspur for the offence under Section 420, 34 of the IPC and also to quash the order dated 06.12.2025, which is the order taking cognizance by the learned Judicial Magistrate First Class, Bilaspur in Criminal Case No. 33592 of 2025 and prayed for the following reliefs:

“1. This Hon'ble court may kindly be pleased to call the entire record pertaining the case of the petitioner.

2. This Hon'ble court may kindly be pleased to Quash the Chargesheet/final report No.1335/2025 dated 02.12.2025 arising out of FIR No. 1618/2025 registered by Police Station Sarkanda, District Bilaspur, under Sections 420 and

34 of the IPC against the Petitioner;

3. This Hon'ble court may kindly be pleased to Quash the order dated 06.12.2025 for taken cognizance upon filing of the final report/chargesheet passed by the Judicial Magistrate First Class, Bilaspur, for registration of Criminal case no.33592 /2025, which is pending before concerned court.

4. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

3. The brief facts of the case are that the petitioner is an accused in the offence of Crime No. 1618/2025 registered at Police Station Sarkanda, District Bilaspur, on 22.11.2025, for the offence under Section 420, 34 of IPC, on the report lodged by the complainant Ajeet Shukla. It is alleged in the FIR that he entered into an agreement to purchase the house of the petitioner Bhaskar Tripathi, and an agreement was executed on 26.04.2024. The accused Dinesh Pratap Singh was the middleman and witness to the agreement. Out of total sale consideration, he transferred Rs. 36 lakhs through the bank account in the bank account of the petitioner Bhasker Tripathi on 30.04.2024. The time to execute the sale deed was fixed as three months. After the completion of three months, without informing the complainant, the petitioner Bhaskar Tripathi and Dinesh Pratap Singh, with the collusion of each other, prepared another agreement by suppressing the fact that the subject house was mortgaged with AU Bank Raipur, and they showed him the xerox copy of the title deed of the subject house. Considering the cheating by the accused persons and the preparation of a forged agreement by them, he lodged a report to the police, on which the FIR has been registered. During the investigation, the agreement was seized, statements o