Ankit Kumar Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2025)

Ankit Kumar Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2025)

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2025:CGHC:16857-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 57 of 2022

1 - Ankit Kumar S/o Late Gopal Pal Aged About 29 Years R/o Village Khutanpara, Police Station Baikunthpur , District Koriya Chhattisgarh

2 - Smt Ankita Sahu W/o Sant Kumar Sahu Aged About 26 Years R/o Village Talwapara, Police Station Baikunthpur , District Koriya Chhattisgarh.

... Petitioners

versus

1 - State of Chhattisgarh Through Police Station Charcha, District Koriya Chhattisgarh.

2 - Sukhmaniya Devi W/o Late Ramnath Aged About 65 Years R/o Village Kharvat, Bankhetapara, Tehsil Baikunthpur , District Koriya Chhattisgarh.

... Respondents

For Petitioners : Mr. Vijay Kumar Sahu, Advocate For State : Mr. Sujit Ubweja, Panel Lawyer For Respondent : None, Despite service of notice No.2

Hon’ble Shri Ramesh Sinha, Chief Justice

Hon’ble Shri Arvind Kumar Verma, Judge

Order on Board

Per, Ramesh Sinha, C.J.

11/04/2025

ASHUTOSHMISHRA Digitally signedby ASHUTOSHMISHRADate:2025.04.1915:02:38+0530

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Proceedings of this matter have been taken through video conferencing.

Heard Mr. Vijay Kumar Sahu, learned counsel for the petitioners and also heard Mr. Sujit Ubweja, learned Panel Lawyer for the State.

The instant petition under Section 482 of the Cr.P.C. has been filed for the following reliefs:-

Therefore, it is prayed that this Hon’ble Court may kindly be pleased to quash the FIR (Annexure P-1) and Final report (Annexure P-2) which registered the police of Police Station Charcha against the petitioner in crime No.75/2019 in the interest of justice.

The brief facts of this case are that the complainant/Respondent No.2 made a complaint on 01/04/2019 before the police of police station Charcha, District Koriya, against the petitioners stating therein that the petitioners with fraudulent intention given a proposal to purchase the 15 decimal land from her in the year 2019 for a sale consideration of Rs.5,00,000/- but at the time of registry of the said land fraudulently mentioned 50 decimal land in place of 15 decimal, thereby they have cheated the Respondent No.2. Thereafter, the police registered the offence against the petitioners for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC and registered the FIR on 16/04/2019.

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Learned counsel for the petitioner at the very outset pointed out that Ankit Kumar petitioner No.1 during the pendency of the present petition has died, therefore, the present petition on behalf of petitioner No.1 has become infructuous. So far as the other petitioner is concerned though he has been charge-sheeted but no charges have been framed because of the fact that there was an interim order passed in the present matter and as per the query of the Court made on 01/04/2025 in respect of the co-accused Sant Kumar it is stated that the charges have been framed against him and the allegation which have been leveled against him is only vague one.

Considering the fact that the complainant/Respondent No.2 has made complaint and lodged FIR against the petitioners, in which the charge-sheet had already been submitted before the competent Court and criminal proceedings are pending and looking to the version and counter-version of the parties with regard to the incident, we are not inclined to interfere in the matter and accordingly, the present petition is dismissed at this stage leaving it open for the petitioner to co-operate with the trial, which may be concluded expeditiously.

SD/- SD/-

(Arvind Kumar Verma) (Ramesh Sinha)

Judge Chief Justice

ashu