Dismissed

Samsuddin Ansari v. State of Chhattisgarh

Chhattisgarh HC13 Jun 2022WPCR/449/2022

Case brief

AI extract

What is this about?

In a petition under Section 482 CrPC seeking quashing of an FIR regarding alleged issuance of invalid paddy purchase tokens, the High Court held that the petitioner's defense was not justiciable at this stage. It ruled that the FIR could not be quashed without investigation into the authenticity of the report.

What did the court decide?

The petition under Section 482 CrPC was dismissed.

Samsuddin Ansari Vs State of Chhattisgarh — Criminal Trial and Appeal | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 449 of 2022

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Samsuddin Ansari S/o Jasimuddin Ansari Aged About 48 Years R/o Amlipara, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Superintendent Of Police, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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Station House Officer, Police Station, Kotwali Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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Assistant Registrar, Co-Operative Societies, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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---- Respondents

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For petitioner - Shri Raj Bahadur Singh, Advocate. For Respondent/State – Shri Ajay Kumrani, PL.

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Hon'ble Shri Justice Goutam Bhaduri

Order

13/06/2022

Heard.

Instant petition is filed to quash the FIR dated 12/01/2022 (Annexure P-1). The allegation which was attributed that the petitioner who was responsible to make entry for purchase of paddy had issued token to the person who were not entitled to sell the paddy at a particular higher rate fixed by the government. It was revealed when the person in whose name the token was issued revealed the same. It is also alleged that after issuance of token in the name of particular farmer it was kept by the present petitioner.

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Learned counsel for the petitioner would submit that only the allegation that certain signature were not obtained on the token the petitioner has been inculpated, there is no intention to cheat or commit any fraud and no loss to the government ex-chequer has been made.

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At this stage, the defence as has been raised by the petitioner cannot be considered which is a matter of investigation. The petitioner who claims that even if certain signature were not obtained on the token slip was bonafide also cannot be considered for quashing the FIR as mens rea at this stage without any substance cannot evaluate the authenticity of the report. This is a matter of investigation. Therefore, prima facie after going through the FIR, I am not inclined to interfere in the matter.

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4. Accordingly, the petition is dismissed.

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Sd/-

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(Goutam Bhaduri)

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JUDGE

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gouri

Samsuddin Ansari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Samsuddin Ansari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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