Mukesh Kumar Sahu Vs State of Chhattisgarh

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 173 of 2025

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SURENDRA @ SURYA SINGH CHAUHAN versus STATE OF CHHATTISGARH

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Along with CRMP No.124 of 2025

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Order on Board

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21.01.2025	Heard Shri Khulesh Sahu, learned counsel for the petitioners
	in both the petitions. Also heard Shri Hari Om Rai and Shri Shailendra Sharma, learned Panel Lawyers for the State.
	On 16.01.2025, we have passed an interim order in CRMP No.173 of 2025 to stay the arrest of the petitioner therein initiated pursuant to the FIR bearing Crime No.265 of 2024, dated
	16.09.2024, registered at Police Station-Berla, District-Bemetara, Chhattisgarh, which was also subject matter of CRMP No.124 of
	2025 filed by the co-accused Mukesh Kumar Sahu. The said petition came up before this Court for hearing as a fresh matter on
	13.01.2025, and we dismissed the same (CRMP No.124 of 2025)

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Crmp 173 and 124 of 2025

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2

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finding no good ground for quashing the FIR.

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We came across about the fact that same FIR being challenged in both the cases (CRMP No.173 and 124 of 2025), and noticed that Shri Khulesh Sahu, learned Advocate, who is the counsel representing the petitioner in both the cases, did not point out that this Court has already dismissed the petition of co-accused Mukesh Sahu in CRMP No.124 of 2025 on 13.01.2025, when the other matter was being heard, in which interim order has also been passed on 16.01.2025. We called upon Shri Khulesh Sahu, learned counsel for the petitioner yesterday, who was present in the Court, and posted these two cases today, on suo-moto, because it amounts to misrepresentation of facts and concealing the facts for obtaining interim order in favour of the petitioner.

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Today, when the present matter has been taken up along with the other case which has already been dismissed, petitioner’s counsel states that though the petition filed by Mukesh Sahu was dismissed by this Court on 13.01.2025 for quashing of FIR, petitioner has already been granted regular bail by the competent Court, in the impugned FIR in which his involvement was also found.

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Crmp 173 and 124 of 2025

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He would further submit that so far as present petitionerSurendra @ Surya Singh Chauhan in CRMP No.173 of 2025 is concerned, as the offences in question are under the Atrocities Act, and further, in fact, that anticipatory bail application under the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short, SC/ST Act) is barred, hence, he challenges the FIR as well as prays for interim relief for staying his arrest to the petitioner during pendency of investigation.

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As we have already passed an interim order in CRMP No.173 of 2025, and also considering the fact that the petition of co-accused filed for quashing of FIR has already been dismissed on 13.01.2025, which is subject matter of the present case, and considering the contention which has been raised today by learned counsel for the petitioner that the petitioner does not have any remedy for anticipatory bail for the offences under SC/ST Act, the interim order which has already been passed by this Court in CRMP No.173 of 2025 on 16.01.2025 may be allowed to continue, and the petitioner is directed to cooperate in the investigation.

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In view of above, CRMP No.173 of 2025 is listed as has been ordered by this Court on 16.01.2025, and CRMP No.124 of 2025,

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Crmp 173 and 124 of 2025

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though it has already been dismissed by this Court on 13.01.2024, is also directed to be listed today. Hence, both these cases are listed today, heard and ordered accordingly.

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Learned counsel for the petitioners also tenders his sincere oral apologies for the mistake he committed to get interim relief in favour of the petitioner by concealing the facts before this Court, and taking into account that he is a young lawyer, we accept his apologies.

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List the CRMP No.173 of 2025 as has been ordered by this Court on 16.01.2025 and CRMP No.124 of 2025, which has been dismissed by this Court on 13.01.2025 be consigned to record room. Sd/Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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padma

Mukesh Kumar Sahu v. State of Chhattisgarh

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Mukesh Kumar Sahu v. State of Chhattisgarh

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