WPCR No.299 of 2025

2025:CGHC:56740-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR AMARDEEP CHOUBEY WPCR No. 299 of 2025 Digitally signed by AMARDEEP CHOUBEY Date: 2025.11.21 1 - Sanjay Kumar Sainik S/o Gopal Prasad Sainik Aged About 53 Years R/o

17:19:05 +0530 Village Tumgaon, P.S.Tumgaon, Distt. Mahasamund C.G., Present Address Sector 3, Road 03, Block 05, Quarter No 06, Bhilai, Distt. Durg, C.G.

2 - Abhishek Kumar Singh S/o Vijay Prasad Aged About 28 Years R/o Village Sarsa, P.S. Risiya, Distt. Aurangabad, Present Address Sector -4, Road No 03, Block 15 Quarter No. H, Bhilai Distt. Durg.

3 - Shayam Kumar Singh S/o Late Kesho Singh Aged About 30 Years R/o Village Sarsa, P.S. Risiya, Distt. Aurangabad, Present Address Sector -4, Road No 03, Block 15 Quarter No H, Bhilai Distt. Durg.

4 - Premanand Sahu S/o Late Uderam Sahu Aged About 45 Years R/o Village Nawagaon (B), P.S. Ranitarai, Distt. Durg, Present Address Sector 03, Road No 09, Block 06, Quarter No D Bhilai, Cisf Head Constable No 993580015, Unit Bsp, Distt. Durg ... Petitioners versus State of Chhattisgarh Through SHO Bhilai Bhatti, District Durg, C.G.

---- Respondent (Cause-title taken from Case Information System)

For Petitioners : Mr. B.P. Singh, Advocate.

For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru, J .

21.11.2025

1. The present writ petition has been filed by the petitioners with the following prayers:

“10.1 That this Hon'ble court may kindly be pleased direct to remove/expunge the remark "benefit of doubt in the order passed by the Id. JMFC Durg, Distt. Durg In RCC no 1838/2020 on dated

31/01/2025 in para 28 of the judgment and order.

10.2 Any other relief which deemed fits may grant to the petitioner.”

2. Facts of the case, in brief, is that the petitioners are the employee of the CISF unit and posted in the side of BSP, Bhilai at present and Crime No 16/2020 under section 457, 380, 34 of the IPC has been registered against the petitioners and another person. It is alleged that the complainant Ravishankar Kushwaha is posted in the side of BSP Bhilai while working as Deputy Manager in Heavy engineering corporation Ranchi, and the complainant company's has a contract with the BSP Bhilai under the contract dated 12/02/2011, and he got the work of supply, erection and commissioning of EOT crane and DSL, for which he has supplied 16 copper cable drums from HEC Ranchi to BSP on 16/05/2019 and the same were kept in TPL area on 20/05/2019 and the same area was surrounded by boundary from all sides and there is a gate for entry and exit and the CISF force was deployed for the security and out of 16 drums, 6 drums of copper cable was shifted from TPL area to BRM BSP for BSL work on 01/07/2019, and when the remaining 10 drums of copper cable were checked in TPL area on 17/01/2020 then he saw that 5 drums of cable were not there, an unknown person has stolen them and on the said report of the complainant the police has lodged crime no 16/2020 and after investigation and taken 161 statement, the police has arrested the petitioners.

3. Learned counsel for the petitioners, would submit that though the learned JMFC has clearly recorded a finding that prosecution has failed to prove any of the ingredients of charged offence to the petitioners beyond reasonable doubt, yet instead of acquitting them honorably, extended and gave them the benefit of doubt, which operated as stigma for grant of service benefit to them as well as it affects their reputation socially, therefore it deserves to be expunged in exercise of jurisdiction vested in the court. The phrase “benefit of doubt” as mentioned in the judgment and order dated 31.1.2025 (paragraph No. 28) deserves to be expunged in the ends of justice.

4. Learned Deputy Government Advocate supports the observation made by learned JMFC acquitting the petitioners by extending them the benefit of doubt and submit th