Munish Kumar Shah Vs State Of Chhattisgarh

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2025:CGHC:50522-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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Digitally BABLU signed by RAJENDRA BABLU BHANARKAR RAJENDRA BHANARKAR

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WPPIL No. 42 of 2015

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Hamar Sangwari NGO Through The President, Rakesh Choubey Aged 48 Years, S/o Late G.P. Choubey, R/o House No. 34/ B, Recreation Marg, Choubey Colony, Raipur Chhattisgarh,

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--- Petitioner(s)

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versus

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1. Union Of India Through The Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Krishi Bhavan, New Delhi, 110001, Delhi

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2. State Of Chhattisgarh, Through The Secretary, Department Of Food And Civil Supply, Mahanadi Khand, Capital Complex, New Raipur, Raipur Chhattisgarh , District : Raipur, Chhattisgarh

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3. Civil Supply Corporation Limited, Through The Managing Director, Hitvad Complex, Avanti Vihar, Raipur, District Raipur Chhattisgarh

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4. Central Bureau Of Investigation, Throgh Its Director Plot No. 5-B, C.G.O. Complex, Lodhi Road, New Delhi 110003, Delhi

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5. Chhattisgarh State Co-Operative Marketing Federation, Through The Managing Director. 880, Civil Lines, Raipur Chhattsigarh

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--- Respondent(s)

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WPCR No. 193 of 2015

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Munish Kumar Shah S/o Om Prakash Shah Aged About 47 Years R/o Yogesh Salt Traders, Mahesh Colony, Shrinagar Road, Gudhiyari, Raipur, Civil And Revenue District Raipur Chhattisgarh

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--- Petitioner(s)

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Versus

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State of Chhattisgarh Thorugh State Bureau of Investigation Economic Offences/ Anti Corruption Bureau Raipur Chhattisgarh

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--- Respondent(s)

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WPPIL No. 43 of 2015

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Sudiep Shrivastava S/o Shri V. P. Shrivastava, Aged About 46 Years R/o Mungeli Naka, Bilaspur, Thana- Civil Lines, District Bilaspur, Chhattisgarh,

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--- Petitioner(s)

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Versus

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1. Union Of India Through Secretary Department Of Food And Civil Supplies Krishi Bhawan, New Delhi- 110001, Delhi

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2. State Of Chhattisgarh, Through Chief Secretary, Mantralaya, Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh,

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3. Secretary, Food Civil Supplies And Consumer Protection Department, Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh,

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4. Secretary, Department Of General Administration, Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh,

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5. Anti- Corruption Bureau Chhattisgarh, Through Its Chief, ACB Head Quarter Near Teli Bandha Talab, Teli Bandha, G.E. Road, Raipur, Chhattisgarh,

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6. Central Bureau Of Investigation, Through Its Director, Plot No. 5-B, CGO Complex, Lodhi Road, New Delhi- 110003

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7. Enforcement Directorate, Through Its Director, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi- 110003

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8. Department Of Revenue, Through Its Secretary Ministry Of Finance, North Block, New Delhi- 110001

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--- Respondent(s)

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WPPIL No. 44 of 2015

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Virendra Pandey S/o Late Brijbihari Pandey Aged About 65 Years R/o 31/666, New Shanti Nagar, District Raipur, Chhattisgarh 492007

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh

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2. State Of Chhattisgarh Through Secretary, Department Of General Administration, Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh

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3. Economic Offences Wing Anti Corruption Bureau, Through Its Chief, Near Telibandha Talab, Telibandha G.E. Road, Raipur, Chhattisgarh,

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4. Central Bureau Of Investigation, Through Director, Plot No. 5-B, CGO Complex, Lodhi Road, New Delhi 110003.

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--- Respondent(s)

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WA No. 332 of 2016

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1. Anil Tuteja S/o Late H. L. Tuteja, Aged About 52 Years Joint Secretary, Govt. Of Chhattisgarh I.A S., R/o Civil Lines, Raipur, District Raipur. Civil And Revenue District Raipur Chhattisgarh,

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through The Secretary, General Administration Department, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur Chhattisgarh

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2. The Secretary, Department Of Food And Civil Supplies, Govt. Chhattisgarh Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur Chhattisgarh.

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3. The Economic Offences Wing/ Anti Corruption Bureau, Through Its Superintendent/ Officer-In- Charge, Raipur Chhattisgarh.

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--- Respondent(s)

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WPPIL No. 9 of 2016

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1. Mid Day Mirror Aged About 18 Years Through Its Owner, Printer And Publisher, Mr. Nitin Sinha, S/o Late Rajiv Singh, Aged About 46 Years, R/o 31, SBI Colony, Sundar Nagar, Raipur Chhattisgarh.

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2. Mr. Jagdeesh Prasad Khare S/o Late Shri Prabhu Dayal Khare, Aged About 78 Years R/o Opp. Hotel Inter City, Jagmal Chowk, Torwa, Bilaspur Chhattisgarh.

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through The Chief Secretary, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

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2. Union of India Through Secretary, Department Of Food And Public Distribution, Ministry Of Consumer Affairs, Food And Public Distribution, Krishi Bhawan, New Delhi.

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3. Principal Secretary Food, Government of Chhattisgarh, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh.

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4. Principal Secretary Finance, Government Of Chhattisgarh, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh.

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4

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--- Respondent(s)

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WPPIL No. 97 of 2021

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1. R.A. Narayan S/o Late Shri R. Ramaiya, Aged About 44 Years Social Worker NGO, R/o Ring Road Shanti Nagar Balco, Ward No. 33, District Korba Chhattisgarh

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2. Upendra Rathore, S/o Shri Laxmichand Rathore, Aged About 38 Years Social Worker, (PLV) Legal Aid Clinic, Collectorate Premises, Korba (Chhattisgarh)

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through The Secretary, Civil Supply Corp.Limited, Mahanadi Bhawan, Raipur Chhattisgarh

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2. Mr. Niranjan Das, Aged About 55 Years Managing Director, C.G. State Civil Supply Corporation, Avanti Vihar, Raipur Chhattisgarh

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3. Amrit Vikas Topno, Aged About 50 Years General Manager, Civil Supply Corporation Limited, Block 7A, II Floor, Sector 24, Atal Nagar, Naya Raipur Chhattisgarh.

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4. G.K. Dewangan, Aged About 45 Years Account Officer, Raipur H.O., C.G. State Civil Supply Corporation Ltd. Block 7 A, II Floor, Sector 24, Atal Nagar, Naya Raipur Chhattisgarh.

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5. K.K. Yadu, Aged About 48 Years District Manager, C.G. State Civil Supply Corporation Ltd. Collectorate Campus, District Korba Chhattisgarh.

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6. J.P. Dwivedi, Aged About 46 Years Assistant Manager, C.G. State Civil Supply Corporation Ltd. Block 7 A, II Floor, Sector 24, Atal Nagar, Naya Raipur Chhattisgarh

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7. R.N. Singh, Aged About 43 Years Assistant Manager, C.G. State Civil Supply Corporation Ltd. Collectorate Campus, District Balrampur Chhattisgarh

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8. Sandeep Agrawal, Aged About 44 Years Company Secretary, C.G. State Civil Supply Corporation Ltd. Head Office, Raipur Chhattisgarh

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9. The Director General Of Police, Police Head Quarter, Raipur Chhattisgarh

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10. The Chhattisgarh State Civil Supplies Corporation Limited Through The Managing Director Awanti Vihar Raipur Chhattisgarh

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--- Respondent(s)

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For Petitioner	:	Mr.J.K.Gupta, Advocate in WPPIL No.42/2015
For Petitioner	:	Sudiep Shrivastava in person in WPPIL No.43/2015
For Petitioner	:	None present in WPPIL No.44/2015
For Petitioner	:	Mr.Sachin Nishi, Advocate holding the brief of Mr.Ajay Chandra, Advocate in WPCR No.193/15
For Petitioner	:	None present in WPPIL No.9/2016
For Appellant	:	None present in WA No.332/2016
For Petitioner	:	Ms.Shivani Singh, Advocate holding the brief of Mr.Ashok Kumar Shukla, Advocate in WPPIL No.97/2021
For Respondent- State	:	Mr.Atul Jha, Additional Advocate General through video conferencing with Mr.Sanghrash Pandey, Government Advocate
For Respondent-UOI	:	Mr.Tushar Dhar Diwan, Central Government Counsel
For Private Respondent	:	Mr.Syed Majid Ali, Advocate
For Intervenor	:	Mr.Anand Dadariya, Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board

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Per Ramesh Sinha, Chief Justice

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10.10.2025

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1. In WPPIL No. 42 of 2015 the petitioner has sought following relief(s):-

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“i. issue an appropriate writ, order or direction to the respondents and transfer the investigation in FIR No.9 of 2015 lodged by the Anti Corruption Bureau of Chhattisgarh State to an independent agency, the Central Bureau of Investigation or constitute a Special Investigation Team and direct further and detailed investigation in the said FIR to bring to book all the persons who are responsible for the illegal and criminal acts;

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2-issue an appropriate writ, order or direction to the Respondent No. 4 or a Special Investigation Team

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to register fresh FIR(s) against the persons who are responsible for the corruption and illegal activities in the implementation of the Public Distribution System in the State of Chhattisgarh; and or

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3-pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

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2. In WPCR No. 193 of 2015 the petitioner has sought following relief(s):-

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“10.1 That the Hon'ble Court may kindly be pleased to call for all the entire records from the respondent for kind perusal of this Hon'ble Court and after that allow the petition.

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10.2 That this Hon'ble Court may kindly further be pleased to quash the proceedings of the Court of Special Judge (Prevention of Corruption Act, 1988) and 1^st Additional Sessions Judge, Raipur (C.G.) in Special Case No.794/15, as also the Challan (charge-sheet) against the present Petitioner

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10.3 That the Hon'ble Court be further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice.

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3. In WPPIL No. 43 of 2015 the petitioner has sought following relief(s):-

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“10.1 That, the Hon'ble Court may be kindly pleased to call for the entire records in the possession of the respondents in respect of above scam, for its kind perusal.

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10.2 That, the Hon'ble Court may be kindly pleased Issue an appropriate writ, order or direction directing

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the investigation of the FIR No. 09/2015 and other similar cases being investigated by the AntiCorruption Bureau, Chhattisgarh to be transferred and investigated by a Special Investigating Team consists of the officials of high integrity from CBI, ED and IT Department under supervision of this Hon'ble Court.

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10.3 That, the Hon'ble Court may be pleased to grant any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case.

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10.4 That, the Hon'ble Court in the facts and circumstances of the present case may further be pleased to grant cost of the petition to the petitioner.”

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4. In WPPIL No. 44 of 2015 the petitioner has sought following relief(s):-

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“10.1 Issue an appropriate writ, order, or direction, in the form of mandamus or any other appropriate writ directing the Central Bureau of Investigation to take over the investigation of the entire case and further investigate the FIR No. 09 of 2015 relating to PDS Scam;

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10.2, Issue or pass any writ, direction or order in the nature of mandamus or any other writ against Respondent No.3 to produce the record of the entire investigation carried out in FIR No. 09 of 2015 before this Hon'ble Court;

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10.3 Issue writ, order or direction order in the nature of mandamus or any other writ or order setting up a

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Special Investigation Team (SIT) to monitor the investigation;

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10.4 Take up the monitoring of the entire investigation conducted by the CBI;

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10.5 Issue or pass any writ, direction or order that this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.”

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5. In WA 332 of 2016 the petitioner has sought following relief(s):-

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“It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this appeal, set aside the impugned order dated 24.6.2016 (Annexure A-1) and in effect allow the writ petition filed by the appellant in toto and/or pass such other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case”

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6. In WPPIL No. 09 of 2016 the petitioners have sought following relief(s):-

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i) Issue appropriate writ, order/direction in the nature of mandamus directing the Central Bureau of Investigation to register a case against the officials involved and other known & unknown persons in the illegal issuance of bogus Ration Cards against fake names/same names and allowing distribution of food grains etc. against those ration cards, thereby causing loss of more than 5000 crores rupees to the public exchequer, and/or ii) Issue an appropriate writ, order/direction in the nature of mandamus directing the respondent State Authorities to furnish the details to Central Bureau of Investigation in

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relation to the persons holding ration cards under the Targeted Public Distribution System category-wise and conduct an enquiry with regard to the excess ration cards issued and the quantity of food grains, etc. issued against those ration cards along with the assessment of the value of goods distributed against such ration cards; and/or

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iii) Issue an appropriate writ, order/direction in the nature of mandamus directing the respondent State Authorities to forthwith cancel the existing bogus ration cards issued either to a fictitious person or to the same person number of times and recover the amount of goods supplied to such persons; and/or iv) Issue an appropriate writ, order/direction in the nature of mandamus directing the respondent State Authorities to make the records relating to Targeted Public Distribution System & Schemes of such system public in accordance with provisions of Section 22 of the Chhattisgarh Food & Nutritional Security Act, 2012; and/or

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v) Direct the State Government to submit before this Hon'ble Court as to how they are managing the additional fund requirement over and above what is allocated in the budget under Food Security Act. vi) To order for an enquiry against the officers who are spending the public money over and above the budget allocation without approval in the budget, that too for distribution of food material against

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bogus ration cards.

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vii) To pass such other writ(s), order(s) or direction(s) as is deemed fit and proper in the circumstance of the case,

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7. In WPPIL No. 97 of 2021 the petitioner has sought following relief(s):-

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“10.1 That, this Hon'ble Court may graciously be pleased issue a writ of mandamus or of like nature to direct the respondent authorities to act upon the complaints of the petitioners and to constitute a special investigation team to probe the corruption by taking commission in the process of rice milling and passing the sample and to submit the enquiry report before this Hon'ble Court to take suitable action. 10.2 That, this Hon'ble Court may kindly be pleased to issue a command / appropriate writ to direct the respondent authorities to take appropriate legal action against the delinquent officers/persons including registration of offence. Moreover the further direction may kindly be given to recover the loss of public exchequer from the concerned persons. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case in the interest of justice.”

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8. It has been brought to the notice of this Court that the Hon’ble Apex Court has disposed of Criminal Appeal Nos. 4097-4098 of 2025 (SLP [CRL.] Nos. 6323-6324 of 2020) by order dated 16.09.2025. The operative portion of the order states as under:-

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“Leave granted.

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In the case on hand, challenge is to the anticipatory bail granted to respondent Anil Tuteja and respondent Alok Shukla, pursuant to which it is submitted by the learned ASG that the PMLA Complaint could not be filed. We have perused the impugnedorders and the materials available on record. Suffice it is to state that it is not a fit case for anticipatory bail, but considering the said materials at this stage would be detrimental to the further proceedings and, therefore, might influence the Trial Court.

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In such view of the matter, we have no hesitation in setting aside the anticipatory bail granted to respondent Alok Shukla and are inclined to grant custody of respondent Alok Shukla to the appellant ED for a period of four weeks, from the date of receipt of a copy of this order, subject to the condition that he shall cooperate with the appellant ED so as to facilitate it to complete the investigation and file the complaint. Respondent Alok Shukla is granted one week's time to surrender.

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Insofar as respondent Anil Tuteja is also concerned, taking note of the materials on record, we have no hesitation in setting aside the anticipatory bail granted.

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In such view of the matter, we are also inclined to grant custody of respondent Anil Tuteja to the appellant ED for a period of four weeks, from the date of receipt of a copy of this order, subject to the condition that he shall cooperate with the appellant ED so as to facilitate it to complete the investigation and file the complaint. Respondent Anil Tuteja is granted one week's time to surrender.

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Thereafter, respondent Anil Tuteja and respondent Alok Shukla shall be released, if not required in any other case, subject to the terms and conditions that may be imposed by the Trial Court.

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The appeals stand disposed of accordingly.

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Pending application(s), if any, shall also stand disposed

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of.”

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9. As the matter has been disposed of by the Hon’ble Apex Court as observed above, this Court proceeds to hear the matters at hand.

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10. It has been pointed out by learned Additional Advocate General appearing for the respondent-State that out of 224 prosecution witnesses, evidence of more than 170 prosecution witnesses have already been recorded and the trial is in advance stage. He further stated that the matter has thus become infructuous.

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11. Mr.Sudiep Shrivastava appearing in person in WPPIL No.43/2015 has made his submissions and prayed that the matter be entrusted to the CBI for investigation.

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12. On a pointed query being made from him regarding his locus in filing the present writ petition (PIL), he could not justify the same and states that he is an Advocate by profession, therefore, he has a right to file the present writ petition (PIL).

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13. Considering the fact that the trial is in advance stage and out of 224 prosecution witnesses, evidence of more than 170 prosecution witnesses have already been recorded and the trial could not proceed because of the matter being pending before the Hon’ble Apex Court as well as before this Court and now the Hon’ble Apex Court has disposed of the matter, we do not find any good ground for transfer of the investigation at this stage to the CBI.

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14. Accordingly, all the petitions stand dismissed. We hope and trust that the trial Court shall conclude the trial expeditiously.

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15. Though no appearance has been made nor any representation submitted on behalf of the petitioner to press WPPIL No.44/2015 and WPPIL No.9/2016, considering that the prayers made in these petitions are similar to those in the case of Mr. Sudiep Shrivastava, who appeared in person in WPPIL No.43/2015, the present writ petitions (PILs) are also

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dismissed.

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16. When the case is called out for hearing, none present nor any representation is made on behalf of the appellant to press WA No.332/2016. 17. It transpires that the petitioner / appellant has lost interest in pursuing these matters.

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18. Accordingly, WA No.332/2016 is dismissed on this ground alone.

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Sd/- Sd/-

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(Parth Prateem Sahu) (Ramesh Sinha) Judge Chief Justice

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Bablu

Munish Kumar Shah v. State Of Chhattisgarh

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Munish Kumar Shah v. State Of Chhattisgarh

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