Sandeep Shrivastava Vs State of Chhattisgarh

Rajesh Chandra Mishra S/o Shri Gopinath Mishra, aged about 56 years R/o Lal Bahadur Shastri Ward, Housing Board Colony, Qtr. No. HIG12, Jagdalpur, Police Station Kotwali Jagdalpur, Tehsil Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

¶12

--- Petitioner

¶13

Versus

¶14

1 - State of Chhattisgarh Through Station House Officer, Police Station Kondagaon, District : Kondagaon, Chhattisgarh

¶15

2 - District Magistrate Kondagaon District Kondagaon, Chhattisgarh.

¶16

--- Respondents

¶17

For Petitioner in CRMP No. 512/2024	: Mr. Ashish Shrivastava, Senior Advocate assisted by Mr. Rahul Ambast, Advocate
For Petitioner in	: Mr. Surfaraj Khan, Advocate
CRMP No. 696/2023
For Respondents/State	: Mr. S.S. Baghel, Dy. Govt. Advocate

¶18

ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA

¶19

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

¶20

Order on Board

¶21

2

¶22

Per Ramesh Sinha, Chief Justice

¶23

02.09 .2025

¶24

1. Since both the above captioned petitions have been filed for quashment of the same crime number being Crime No. 301 of 2021 registered at Police Station, Kondagaon, District – Kondagaon (C.G.), they are clubbed and heard together and are being disposed of by this common order.

¶25

2. Heard Mr. Ashish Shrivastava, learned Senior Advocate assisted by Mr. Rahul Ambast, learned counsel for the petitioner in cRMP No. 512 of 2024 and Mr. Surfaraj Khan, learned counsel for the petitioner in CRMP No. 696 of 2023 as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/ respondents.

¶26

3. Both the petitions have been filed by the petitioners seeking quashment of the impugned FIR bearing Crime No. 301 of 2021 registered at Police Station, Kondagaon, District – Kondagaon (C.G.).

¶27

4. As per the prosecution story, it is alleged that the petitioner in CRMP No. 512 of 2024, namely Sandeep Shrivastava, being posted as Block Education Officer, Kondagaon (C.G.) along with other co-accused person namely, Shri Rajesh Mishra (petitioner in CRMP No. 696 of 2023), District Education Officer, Kondagaon and Shri Awadesh Pandey, Block Resource Person (BRP), Kondagaon (C.G.), during alleged supply of photographs of

¶28

3

¶29

political leaders at Primary and Middle Schools, have raised various bills from the Primary and Middle Schools and collected Rs. 91,00,000/- and have misused the Government fund and the same has been published in local newspaper "Shram Bindu". On the basis of publication of such item in the newspaper, an inquiry was conducted by the Collector, Kondagaon and on the basis of inquiry report dated 13.08.2021, it was alleged that the accused persons have misused the Government fund during distribution/supply of photographs of political leaders for Primary and Middle Schools. Further, on the basis of inquiry report of the Collector dated 13.08.2021, First Information Report was lodged on 18.08.2021 by the Police Station Kondagaon for the alleged commission of offence punishable under section 420 of IPC against the petitioners as well as one Shri Awadesh Pandey (BRP), Kondagaon (C.G.). Apprehending his arrest, petitioner Rajesh Chandra Mishra has filed an application under Section 438 of CrPC before this Court seeking anticipatory bail, being MCRCA No. 1247 of 2022, which was allowed by this Court vide order dated 17.01.2023 and thereafter, he has petition under Section 482 CrPC before this Court being CRMP No. 696 of 2023 seeking quashment of the impugned FIR.

¶30

5. During the investigation, the police authorities have also added offence punishable under Section 467, 468, 471 and 34 of IPC and the petitioner in CRMP No. 512 of 2024, namely, Sandeep Shrivastava was arrested by the Police Station, Kondagaon on

¶31

4

¶32

08.08.2022 in connection with the alleged crime, thereafter, he had moved an application under Section 439 of CrPC before this Court for grant of regular bail being MCRC No. 7611 of 2022, which was allowed by this Court vide order dated 03.11.2022 and he was released from the jail. Thereafter, he has filed CrMP No. 512 of 2024, seeking quashment of the impugned FIR.

¶33

6. When the learned State counsel was called upon to inform about the status of the case, it has been informed by him that in view of the order passed by learned Single Judge of this Court on 06.03.2024, the charge sheet could not be submitted as there was an conditional order that further enquiry may go on, but charge sheet should not be filed without prior permission of this Court. It is further stated that during the course of further investigation, offence punishable under Section 467, 468, 471 and 34 of IPC have also been added and the charge sheet could not be submitted because of the order passed by this Court and the investigation is still under way.

¶34

7. Considering the nature of allegations levelled against the petitioners and further considering the fact that petitioner, Rajesh Chandra Mishra (in CRMP No. 696 of 2023) has already been granted anticipatory bail by this Court vide order dated 17.01.2023 in MCRCA No. 1247 of 2022 and petitioner, Sandeep Shrivastava (in CRMP No. 512 of 2024) has already been granted regular bail by this Court vide order dated 03.11.2022,

¶35

5

¶36

the Investigating Officer is directed to conclude the investigation within a period of three weeks in accordance with law and submit a Police Report under Section 193(3) of BNSS before the Competent Court and the petitioners, if aggrieved by the police report, they may take recourse to law, if so advised.

¶37

8. With the aforesaid observations and directions, the both the petitions stand disposed of.

¶38

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

¶39

Chandra

Sandeep Shrivastava v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sandeep Shrivastava v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ram Shabad Sharma Vs State of Chhattisgarh

Prem Kumar Nirala Vs State of Chhattisgarh

Gangaram Shrivas Vs State of Chhattisgarh

Gaurav Mohabe Vs State of Chhattisgarh

Ganga Baghel @ Kalu Vs State of Chhattisgarh

Khachchu Ram Vs State of Chhattisgarh