2026:CGHC:9922-DB NAFR BABLU RAJENDRA BHANARKAR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2026.02.26 17:00:39 +0530 CRMP No. 597 of 2026 Smt. Aasha Chandrakar W/o Rajnish Chandrakar Aged About 49 Years R/o Qr. No. 4A, Road No. 23, Sector-10, P.S. Bhilainagar Sector-6, Bhilai, Dist. Durg (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through P.S. Padmanabhpur District Durg (C.G.)

2 - Saurya Renke S/o Shri Ashok Renke Aged About 36 Years R/o Near Old Shiv Mandir, Vaishali Nagar Bhilai District Durg (C.G.)

... Respondent(s)

For Petitioner(s) : Mr.Arvind Dubey, Advocate For Respondent : Mr.Saumya Rai, Deputy Government No.1-State Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

26.02.2026

1. Heard Mr.Arvind Dubey, learned counsel for the petitioner as well as Mr.Saumya Rai, learned Deputy Government Advocate appearing for respondent No.1/State.

2. The present petition has been filed by the petitioner seeking following relief(s):

“1. Entire Criminal Proceedings of Criminal RCC No. 21797/2025, pending before the learned CJM Durg, District Durg (C.G.), (ANNEXURE P-1) so far as it relates to the Petitioner.

2. Cognizance order dated 03.06.2025 (Annexure P/3), passed by learned CJM Durg, District Durg (C.G.).

3. Final Report bearing no. 534/2022 dated 15.07.2022 submitted by the Outpost Padmanabhpur Police Station- Durg Kotwali, District- Durg (C.G.) before the learned Chief Judicial Magistrate Durg, District Durg (C.G.) in connection with Crime No. 677/2019 registered on 28.07.2019, under section 420, 406, 34 of Indian Penal Code, (ANNEXURE P-2) so far as it relates to the Petitioner.

4. Any other relief which the Hon'ble court deems fit may also be kindly passed in favour of the petitioner, in the interest of justice.

5. Cost of the petition may kindly be awarded to the petitioner.”

3. Facts of the case are that the complainant, Shaurya Renke, resident of Vaishali Nagar, filed a complaint alleging commission of offences under Sections 420, 406, and 34 of the Indian Penal Code before the learned Magistrate. It was alleged that an agreement to sell was executed between the complainant and Gopal Bhargav in respect of land bearing Khasra No. 241/2, admeasuring 0.47 hectare and 0.48 hectare, situated at Village Dhanora, District Durg.

4. The agreement to sell was executed through Bhisham Chandrakar, who was the General Power of Attorney holder of the original landowners. The original landowners, namely Mehtarin Bai, Ramesh Kumar, Devendra Kumar, Lata Bai, Nisha Bai, Manisha Bai, and Asha Bai (Petitioner herein), are related to the said Bhisham Chandrakar. Thereafter, the original landowners executed a registered sale deed dated 16.08.2013 in favour of the complainant, Shravan Kumar Bhargav, and Gopal Bhargav. Following the execution of the sale deed, the land was mutated in the names of the purchasers, and possession was handed over to them on the same day. Subsequently, it came to the knowledge of the complainant that a civil dispute bearing Civil Suit No. 5A/2011 titled Indu & Others vs. State of C.G. & Others was pending before the Civil Judge, Durg. The said suit involved Smt. Mehtarin Bai, Gayatri Bai, Ramesh Kumar, Devendra Kumar, Lata Bai, Nisha Bai, Manisha Bai, Asha Bai, and Feroz Khan, and was decided on 24.01.2014. The complainant alleged that the landowners had concealed the pendency of the civil suit at the time of execution of the sale deed and thereby committed cheating. It was further alleged that Bhisham Chandrakar, in his capacity as Power of Attorney holder, had submitted a written statement in the said civil suit on behalf of the landowners and that the land was sold without disclosing the pendency of the civil proceedings.

5. As per the order dated 24.01.2014 passed by the learned IVth Civil Judge, Class-II, the names of Indu, Sitaram, and Kholuram were directed to be mutated in respect