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Manoj Kumar Gupta Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2024)

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Chhattisgarh HC
2024
Manoj Kumar Gupta Vs State of ChhattisgarhManoj Kumar Gupta v. State of Chhattisgarh

Dismissed¶25

Manoj Kumar Gupta v. State of Chhattisgarh

Chhattisgarh HC2 Jul 2024CRMP/18/2021

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur — CRMP No. 18 of 2021, decided 03.07.2024 — Manoj Kumar Gupta v. State of Chhattisgarh (SHO, PS Kota, Bilaspur) — Section 482 Cr.P.C. quashing petition REJECTED/dismissed; FIR No.245/2018, PS Kota, District Bilaspur (C.G.); offences under Sections 420, 467, 468, 471, 120-B IPC; grounds: serious allegations in 2018 FIR, petitioner not responding/lost interest, investigation still pending; no interference; coram Ramesh Sinha, CJ (author) and Ravindra Kumar Agrawal, J.; advocates Dharmesh Shrivastava (petitioner), Pankaj Singh, Panel Lawyer (State).

What did the court decide?

Considering the facts and circumstances, the serious allegations levelled against the petitioner in the FIR of the year 2018, and the fact that the petitioner was not in contact with his learned counsel and appeared to have lost interest in pursuing the petition, the Court found no good ground for interference in the matter.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the FIR No.245/2018 registered at Police Station - Kota, District - Bilaspur (C.G.) for offences under Sections 420, 467, 468, 471, 120-B IPC, and the further investigation/criminal proceedings against the petitioner, ought to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The instant petition under Section 482 of Cr.P.C. is rejected.

Ratio / Principle

Considering the facts and circumstances, the serious allegations levelled against the petitioner in the FIR of the year 2018, and the fact that the petitioner was not in contact with his learned counsel and appeared to have lost interest in pursuing the petition, the Court found no good ground for interference in the matter.

Detailed headnote1 paragraphs

Criminal miscellaneous petition (CRMP No. 18 of 2021) under Section 482 Cr.P.C. seeking quashing of FIR No.245/2018 registered at Police Station - Kota, District - Bilaspur (C.G.) for offences under Sections 420, 467, 468, 471 and 120-B IPC, and of the further investigation/criminal proceedings against the petitioner. At hearing, counsel for the petitioner stated he did not wish to press the petition as his client was not responding, and State counsel pointed out that the investigation was still pending. Held (per Ramesh Sinha, CJ; bench also comprising Ravindra Kumar Agrawal, J.): given the serious allegations in the 2018 FIR and the petitioner's loss of interest, there was no good ground for interference; the petition was rejected.

A

-1-

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 18 of 2021

Manoj Kumar Gupta S/o Shri Keshav Prasad Gupta Aged About 44 Years R/o Main Road, Near Bus Stand, Belgahna, Police Station Kota, District Bilaspur Chhattisgarh

---- Petitioner

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kota, District Bilaspur Chhattisgarh

---- Respondent

(Cause-title taken from Case Information System)

For Petitioner : Mr. Dharmesh Shrivastava, Advocate For Respondent /State : Mr. Pankaj Singh, Panel Lawyer

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

Per Ramesh Sinha, Chief Justice

03.07.2024

Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner. Also heard Mr. Pankaj Singh, learned Panel Lawyer for the respondent/State.

The instant petition under Section 482 of Cr.P.C. has been filed by the petitioner for quashing of the FIR No.245/2018 registered at Police Station - Kota, District - Bilaspur (C.G.) for the offences under Sections 420, 467, 468, 471, 120-B of IPC as well as further investigation/criminal proceedings initiated against the petitioner.

In the instant petition the petitioners have prayed as below :

-2-

"a. That the Hon'ble Court may kindly be pleased to call for the entire records/case diary pertaining to the Crime No.245/2018 of Police Station - Kota, District - Bilaspur (C.G.) for perusal of this Hon'ble Court

b. That, the Hon'ble Court may kindly be pleased to pass an order to quash the First Information Report, further investigation against the present applicant and he may kindly be discharged from the offences under sections 420, 467, 468, 471, 120-B of Indian Penal Code.

c. Any other relief may also be granted to the applicant which this Hon'ble Court deems fit in facts and circumstances of the case."

The learned counsel for the petitioner submits that he does not want to press this petition as his client is not responding.

Learned State counsel has pointed out that the investigation is still pending.

Considering the facts and circumstances of the case and perusal of the FIR which is of the year 2018, it is found that certain serious allegations have been levelled against the petitioner and further the fact that the petitioner is not in contact of the learned counsel, and it appears that he has lost interest in pursuing this petition, we do not find any good ground for interference in the matter.

Accordingly the instant petition under Section 482 of Cr.P.C is rejected .

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

Ravi Mandavi

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the FIR No.245/2018 registered at Police Station - Kota, District - Bilaspur (C.G.) for offences under Sections 420, 467, 468, 471, 120-B IPC, and the further investigation/criminal proceedings against the petitioner, ought to be quashed under Section 482 Cr.P.C.¶16
The court held
The instant petition under Section 482 of Cr.P.C. is rejected.ratio¶25
2.
Whether any good ground exists for interference by this Court, given the serious allegations in the 2018 FIR and the petitioner's non-contact with counsel and apparent loss of interest in pursuing the petition.¶24
The court held
Considering the facts and circumstances, the serious allegations levelled against the petitioner in the FIR of the year 2018, and the fact that the petitioner was not in contact with his learned counsel and appeared to have lost interest in pursuing the petition, the Court found no good ground for interference in the matter.ratio¶24

Statutes considered

7 provisions across 2 enactments

AI extract

Cr.P.C.482¶16 482¶25
Indian Penal Code420¶16 467¶16 468¶16 471¶16 120-B¶16

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR No.245/2018 registered at Police Station - Kota, District - Bilaspur (C.G.) for offences under Sections 420, 467, 468, 471, 120-B IPC, together with the further investigation/criminal proceedings initiated against the petitioner, which the petitioner sought to quash.¶16
Police Station - Kota, District - Bilaspur (C.G.) · 2018
Prior proceeding
Registration of FIR No.245/2018 at Police Station Kota, District Bilaspur (C.G.) for offences under Sections 420, 467, 468, 471, 120-B IPC, followed by further investigation/criminal proceedings against the petitioner.¶16
Prior proceeding
Learned counsel for the petitioner submitted he did not want to press the petition as his client was not responding.¶22
Prior proceeding
State counsel pointed out that the investigation in the FIR was still pending.¶23

Parties & counsel

AI extract

petitioner
Manoj Kumar Gupta S/o Shri Keshav Prasad Gupta Aged About 44 Years R/o Main Road, Near Bus Stand, Belgahna, Police Station Kota, District Bilaspur Chhattisgarh¶5
Mr. Dharmesh Shrivastava
respondent
State Of Chhattisgarh Through Station House Officer, Police Station Kota, District Bilaspur Chhattisgarh¶8
Mr. Pankaj Singh

Coram

AI extract

Ramesh Sinha, Chief Justiceauthor¶13
Ravindra Kumar Agrawalmember¶12

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 2 Jul 2024 · July
Registered: 7 Jan 2021
Case no.: CRMP/18/2021
CNR: CGHC010003542021
Topic: Cheating and Forgery
Bench: Ravindra Kumar Agrawal
Disposal: DISMISSED
Case type: CRMP

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Cite this judgement

Manoj Kumar Gupta v. State of Chhattisgarh, CRMP/18/2021 (CG), decided on 2 July 2024.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes7

Cr.P.C.482 · 482
Indian Penal Code420 · 467 · 468 · 471 · 120-B

View all statutes

Procedural history4

FIR No.245/2018 registered at Police Station - Kota, District - Bilaspur (C.G.) for offences under Sections 420, 467, 468, 471, 120-B IPC, together with the further investigation/criminal proceedings initiated against the petitioner, which the petitioner sought to quash.Police Station - Kota, District - Bilaspur (C.G.) · 2018
Registration of FIR No.245/2018 at Police Station Kota, District Bilaspur (C.G.) for offences under Sections 420, 467, 468, 471, 120-B IPC, followed by further investigation/criminal proceedings against the petitioner.
Learned counsel for the petitioner submitted he did not want to press the petition as his client was not responding.

View full history

Bench / Coram

Ramesh Sinha, Chief Justice and Ravindra Kumar Agrawal

Parties & counsel