Disposed

Deepanker Goshwami v. State of Chhattisgarh

Chhattisgarh HC22 Jul 2024CRMP/1154/2024

Case brief

AI extract

What is this about?

This High Court disposed of a petition seeking quashing of an FIR and order under Section 482 Cr.P.C. The court directed the Investigation Officer to submit a police report under Section 173(2) within two weeks while maintaining the interim order.

What did the court decide?

Directing the Investigation Officer to submit a police report under Section 173(2) Cr.P.C. within two weeks.

Deepanker Goshwami Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 1154 of 2024

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1. Deepanker Goshwami S/o Late Shri Salegram Goshwami, Aged About 47 Years Occupation Private Job In Manappuram Finance Limited R/o. House No. 2 Ward No. 3 Ground Floor, Near Sanjay Tarun Pushkar, Neharu Nagar Bilaspur Tahsil and District Bilaspur, Chhattisgarh.

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2. Nitin Sharma S/o Shri Govind Sharma Aged About 34 Years Occupation Private Job In Manappuram Finance Limited R/o. House No. 2 Ward No. 3 Ground Floor, Near Sanjay Tarun Pushkar, Neharu Nagar Bilaspur Tahsil and District Bilaspur, Chhattisgarh.

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3. Shailesh Vishwakarma S/o Shri R.B. Vishwakarma, Aged About 43 Years Occupation Private Job In Manappuram Finance Limited R/o. T.P. Nagar Nagar Korba, Tahsil and District Korba, Chhattisgarh.

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---- Petitioners

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Versus

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1. State of Chhattisgarh Through The District Magistrate, Janjgir, District Janjgir-Champa, Chhattisgarh.

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2. Station House Officer Police Station Pamgarh, District JanjgirChampa, Chhattisgarh.

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3. Rajendra Kumar Mahipal S/o Shri Nabheram Mahipal, Aged About 33 Years R/o Village Mudpar, Thana and Tahsil Pamgarh, District : Janjgir-Champa, Chhattisgarh

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner	: Mr. Samir Singh, Advocate.
For Respondents/State	: Mr. Sakib Ahmed, Panel Lawyer.
For Respondent No. 3	: Mr. V.K. Pandey, Advocate.

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

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Per Ramesh Sinha, Chief Justice

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23.07.2024

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1. Heard Mr. Samir Singh, learned counsel for the petitioners. Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for respondents No. 1 and 2/State and Mr. V.K. Pandey, learned counsel, appearing for respondent No. 3.

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2. The petitioners by way of instant petition under Section 482 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’), invoking the extraordinary jurisdiction of this Court for quashment of the order dated 30.11.2023 passed in unregistered complaint case No. /2023 and consequently the First Information Report (FIR) bearing Crime No. 30 of 2024 registered at Police Station Pamgarh, District Janjgir-Champa (C.G.) for the offence punishable under Sections 420, 379, 467, 468, 471/34 of the Indian Penal Code (IPC).

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3. Learned counsel for the petitioners submits that the respondent No. 3 / complainant filed an application under Section 156(3) of the Cr.P.C. before the Court of Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa (C.G.) against the petitioners for registration of the FIR for the offence punishable under Sections 420, 379, 467, 468, 471/34 of the IPC and to take necessary action against the accused persons and punish them, with the averment that the complainant has purchase the second hand Hiwa Truck vehicle bearing registration No. CG-10-C-4337 with the financial help of Mannappuram Finance Ltd., Korba Branch on 11.01.2021 and due to ‘Covid-19’ lock-down, the complainant failed to repay the loan

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installment and give the information to the finance company, but on 17.12.2021 when his vehicle was engaged in Madanpur Pamgarh Cresher Mill, the petitioners and other employees of the finance Company have taken the forceful possession of his vehicle.

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4. It is further submitted by the learned counsel for the petitioners that the petitioners are the employees of finance Company and they have taken the possession as per the terms of the agreement by following the proper procedure on 17.12.2021, the information has been given to the respondent No. 2 for repossession of the vehicle and after taking the possession again the information is given on 19.12.2021. He also submits that after taking the possession, number of letters has been sent to the respondent No. 3 / complainant by the finance Company before the pre-sale notice/information is sent, but the complainant did not respond any of the letter and all of sudden after two months, complainant lodge the complaint in the month of February, 2022 though his vehicle was taken in repossession on 17.12.2021. Hence, the present petition has been filed for quashing of FIR bearing Crime No. 30 of 2024 registered at Police Station Pamgarhm, District Janjgir-Champa (C.G.) as well as order dated 30.11.2023 passed by JMFC, Pamgarh, District Janjgir-Champa (C.G.).

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5. On the other hand, learned State counsel submits that the investigation has been completed and the Police is under the process of filing the closure report in the matter, as per the instruction received by him.

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6. We have heard learned counsel for the parties and perused the material available on record.

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7. Considering the facts and circumstances of the case, the instant petition is disposed off with a direction to the concerned Investigation

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Officer to submit a Police report under Section 173(2) of the Cr.P.C. before the competent Court in accordance with law within a period of two weeks from today, if already not submitted,till then the interim order granted by this Court shall continue. However, the parties, if aggrieved by the said Police Report, are at liberty to take recourse to law.

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8. Learned State counsel as well as the petitioners are directed to furnish a copy of this order to the concerned Investigation Officer for necessary information and compliance forthwith.

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Abhishek/Brijmohan

Deepanker Goshwami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Deepanker Goshwami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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