Chandrapratap Tiwari @ Chandu Vs State of Chhattisgarh

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2025:CGHC:45821-DB

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NAFR

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AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.09.11 10:46:18 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 255 of 2025

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Chandrapratap Tiwari @ Chandu S/o Shri Mithailal Tiwari Aged About 47 Years R/o Gram Godi, Post Dagori, Tahsil Bilha, District Bilaspur, Chhattisgarh. (Accused)

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--- Petitioner

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versus

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State of Chhattisgarh Through Police Station Chakarbhatha, District Bilaspur, Chhattisgarh.

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Priyanath Soni @ Bittu Soni R/o Gram Mudhipar, Bilha, Thana Bilha, District Bilaspur, Chhattisgarh.

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--- Respondent

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CRMP No. 2558 of 2025

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Priyanath Soni @ Bittu Soni S/o Shashi Kumar Soni Aged About 38 Years R/o Village Mudhipar, Police Station Bilha, District- Bilaspur Chhattisgarh.

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--- Petitioner

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Versus

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State of Chhattisgarh Through- Station House Officer, Police Station Chakarbhatha, District- Bilaspur ( C.G. ).

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... Respondent

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For Petitioner in CRMP No.255/2025 : Mr. Abhishek Dahariya, Advocate. For Petitioner in CRMP No.2558/2025 : Mr. Shikhar Sharma, Advocate. & for respondent in CRMP No.255/2025 For Respondent/State : Mr. Sakib Ahmad, Panel Lawyer.

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board

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Per Ramesh Sinha, Chief Justice 09.09.2025

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Since both the CrMPs arising out of same crime number, they are being considered and decided by this common order.

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In CRMP No.255/2025, the petitioner has prayed for the following relief:-

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“It is therefore prayed that the Hon'ble Court may kindly be pleased to quash/ set aside the FIR no. 230/2024 u/s 306, 34 of IPC registered on Dated 19.05.2024 at Police Station Chakarbhatha, District Bilaspur (C.G.) (Annexure A2) along with all subsequent proceedings with respect to the applicant, in the interest of justice.”

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In CRMP No.2558/2025, the petitioner has prayed for the following

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relief:-

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“ It is, therefore, prayed this Hon'ble Court may kindly be pleased to allow the application and also be pleased to quash/setaside the impugned First Information Report bearing Crime No.230/2024 dated 19-052024 registered for the offence under Section 306/34 of Indian Penal Code by the Police of Police Station Chakarbhatha, District Bilaspur (C.G.) (Annexure P-1), in the interest of justice .”

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Case of the prosecution, in brief, is that the police of P.S. Chakarbhatha had received information on 19.05.2024 to the effect that Nand Kishore Sharma (since deceased) committed suicide in his rented house located at Chakarbhatha camp on 24.01.2023. During the investigation, a suicide letter was found which was left

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by the deceased, alleging therein that he had committed suicide because of two persons i.e., the present petitioners who were abeting him for committing suicide. It is also alleged therein that the petitioners had borrowed money from him and are denying from refunding that money to him and also abused and threatened to kill the deceased. On the basis of which, offence was registered against the petitioners.

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Learned counsel for the petitioners would submit that the incident took place on 24.01.2023 and the FIR was registered after one and a half year that too without explaining the delay and laches, therefore, the allegations levelled against the petitioners on the basis of false and fabricated facts is not made out. He submits that the investigation is still pending and the same has not been concluded. Hence, the police have maliciously registered the FIR which is liable to be quashed.

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Learned counsel for the State submits that the investigation is still going on. According to him, the report of handwriting expert has been received and the police would conclude the investigation shortly.

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

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In view of submission made by learned counsel for the parties and with their consent and further considering the fact that the interim order has been passed in favour of the petitioners by staying their

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arrest in the present petitions and the investigation, which is pending, has to be brought to its logical end at this stage. Hence, the Investigating Officer is directed to conclude the investigation within a period of four weeks from today and submit a police report under Section 173 (2) of Cr.P.C. {193(4) of BNSS 2023}, accordingly before the competent Court in accordance with law within a period of two weeks thereafter.

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The interim order granted to the petitioners shall continue, subject to the restraint that the petitioners shall cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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10.With the aforesaid observations and directions, both the CrMPs stand disposed of .

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Sd/-

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Sd/-

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(Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

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Amardeep

Chandrapratap Tiwari @ Chandu v. State of Chhattisgarh

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Chandrapratap Tiwari @ Chandu v. State of Chhattisgarh

Case brief

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