Sumit Gilhare and Anr. Vs State of Chhattisgarh and Anr.

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2025:CGHC:27200-DB

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Digitally signed by ANURADHA ANURADHA TIWARI TIWARI Date: 2025.06.24 16:55:39 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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CRMP No. 454 of 2025

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1 - Sumit Gilhare And Anr. S/o Late Shri Narayan Prasad Gilhare Aged About 29 Years R/o Ward No. 20 Turidih, Police Station Patewa, Tahsil And District Mahasamund (Chhattisgarh)

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2 - Khagesh Patel S/o Late Shri Gopi Ram Patel Aged About 39 Years Occupation- Teacher In L.B. Government Pre Secondary School Sarekal R/o Village Jhalap, Police Station Patewa, Tahsil And District Mahasamund (Chhattisgarh)

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... Petitioners

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versus

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1 - State of Chhattisgarh Through Station House Officer, Police Station Patewa, District Mahasamund (Chhattisgarh)

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2 - Lukheswar Singh Dhruw S/o Pratap Singh Dhruw R/o Village Durugpali Police Station Pithora Distt. Mahasamund (Chhattisgarh) (Complainant)

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... Respondents

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(Cause-title taken from Case Information System) For Petitioners : Mr. Amit Kumar, Advocate For Respondent No.1 : Mr. Hariom Rai, Panel Lawyer For Respondent No.2 : Mr. Shivam Mishra, Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board

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Per Ramesh Sinha, Chief Justice

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2 4 .06.2025

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1 Heard Mr. Amit Kumar, learned counsel for the petitioners as well as Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1 and Mr. Shivam Mishra, learned counsel appearing for respondent No.2.

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2 The present writ petition has been filed by the petitioners with the following prayer:

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“It is, therefor, prayed that this Hon’ble Court may kindly be pleased to quash the F.I.R. no.197/2024 dated 21-12-2024 and all others

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subsequent proceedings emanating therefrom, registered at Police Station Patewa, District Mahasamund (C.G.) against the petitioners for the offence punishable under section 296,115(2), 351(2), 132, 221, 221 of B.N.S. and Section 3(1)®, 3(1)(S), 3(2) (Va) of the SC & ST Act 1989, in the interest of justice.”

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3 In compliance of the order of this Court dated 16.06.2025, the Director General of Police, Chhattisgarh, Police Headquarters, Nawa Raipur (C.G.) has filed his personal affidavit to the following effect :-

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“ (i) The deponent has immediately acted upon it and directed the Superintendent of Police, District Mahasamund (CG) by the letter dated 17.06.2025, wherein sought explanation from all the investigating officers who were posted from the date of registration of crime till date and to investigate thoroughly and if found guilty. immediately submit the punitive report through Inspector General of Police, Raipur after. The deponent further directed to appoint an officer of the rank of Additional Superintendent of Police as the officer in charge and direct him/her to prepare an affidavit by 20.06.2025. Copy of

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letter dated 17.06.2025 is annexed & marked herewith as ANNEXURE A-1 .

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(ii) That, as per the direction given by the office of Deponent, the Superintendent of Police, Mahasamund sought explanation from Shri Ajay Shankar Tripathi, Deputy Superintendent of Police (AJAK) District - Mahasamund and Shri Vinod Kashyap, Sub Inspector / In-charge Police Station Patewa, District - Mahasamund through letter dated 17.06.2025 and Smt. Pratibha Pandey, Additional Superintendent of Police, Mahasamund (CG) has been appointed Officer-In-Charge in the case. Copy of notice dated 17.06.2025 is annexed & marked herewith as ANNEXURE A-2 .

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(iii) That, upon the aforesaid notice / explanation, the concerned Deputy Superintendent of Police (AJAK) District - Mahasamund and Station House Officer, Police Station Patewa District - Mahasamund have submitted its reply dated 17.06.2025. Copies of reply dated 17.06.2025 are filed collectively herewith as ANNEXURE A/3 .

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(iv) It is respectfully submitted that on perusal of the case diary, the explanation received from both the officers alongwith enclosed documents, the Superintendent of Police, District Mahasamund has found that on the report of the complainant, Shri Lukeshvar Singh Dhruv, FIR No. 197/2024 has been registered by the Police Station Patewa U/s

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296, 115(2), 351(2), 3(5) of B.N.S. and during the investigation of the case, it was found that the complainant belongs to the Scheduled Tribe category for which caste certificate of the complainant is required for adding Section 3(1) (d) (g), 3(2) (v) (a) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules 1995 and the case has been sent to the Deputy Superintendent of Police (AJAK), District Mahasamund for further investigation.

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(v) It is humbly submitted that the Superintendent of Police Mahasamund has also found that the Investigating Officer/Deputy Superintendent of Police AJAK has verified the accused through phone and by personally visiting their residence, but the investigating officer has not issued a written notice regarding the presence of the accused persons and the accused Khagesh Patel and Sumit Gilhare have not appeared at the Police Station Patewa and AJAK, Mahasamund from the date of getting the interim relief, nor they are cooperating in the police investigation in anyway. Therefore, the Superintendent of Police District Mahasamund (CG) has produced complete report alongwith attached documents before the Inspector General of Police, Raipur Range Raipur for taking disciplinary action. Copy of report dated 18.06.2025 is filed herewith as ANNEXURE

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A/4 .

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(vi) It is respectfully submitted that after obtaining complete report alongwith attached documents from the Superintendent of Police, Mahasamund, the Inspector General of Police Raipur Range Raipur (CG) forwarded the same to the deponent for taking disciplinary action against both the Investigating officers. Copy of report dated 18.06.2025 is filed herewith as ANNEXURE A/5 .

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(vii) It is humbly submitted by the deponent that at present the accused persons are not traceable in their permanent address, police party reached their respective residence but the accused persons not found in their permanent residence and because of this reason investigation could not be completed and because of interim protection granted in favour of the petitioners by the Hon'ble Court formal arrest of the accused persons could not be done. The charge-sheet would be filed at the earliest before the learned competent court of jurisdiction.

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04. It is humbly submitted that upon the report submitted by the Inspector General of Police, Raipur Range Raipur, the deponent through order dated 19.06.2025 passed displeasure to the Investigating Officer / Deputy Superintendent of Police, AJAK Mahasamund. Copy of the order dated 19.06.2025 is filed herewith as ANNEXURE

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A/6 .

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05. It is further respectfully submitted that the deponent has the highest regards and respect for the lawful authority of this Hon'ble Court as well as its orders and directions issued from time to time and its duty bound to adhere to and abide by the orders. ”

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4 It transpires from the said affidavit that some action has been taken against both the Investigating Officers by the Superintendent of Police, Mahasamund and insofar as the investigation is concerned, the same is stated to be pending. It is further stated that by virtue of interim order passed by this Court dated 05.02.2025, the investigation could not be completed.

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5 Considering the matter in its entirely, we are of the view that the investigation of the case has brought to its logical end, as such, we direct the concerned Superintendent of Police / Senior Superintendent of Police to ensure that the investigation of the present case be concluded expeditiously preferably within a period of 4 weeks from the date of receipt of certified copy of this order, if already not concluded and submit a Police Report under Section 173(2) of the Cr.P.C. (now under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) before the competent Court in accordance with law. Till then, the arrest of the petitioners-Sumit Gilhare and Khagesh Patel in connection of FIR bearing Crime No.197/2024 registered at Police Station Patewa, District Mahasamund (C.G.) shall remain stayed as ordered by this Court on 05.02.2025.

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6 Learned State counsel is directed to furnish a copy of this order to the concerned Superintendent of Police / Senior Superintendent of Police for necessary information and compliance forthwith.

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7 With the aforementioned observations/directions, instant petition is disposed of .

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Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

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Anu

Sumit Gilhare and Anr. v. State of Chhattisgarh and Anr.

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Sumit Gilhare and Anr. v. State of Chhattisgarh and Anr.

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