Dharamlal Kaushik 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. 10 of 2019

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Dharamlal Kaushik S/o Late Shri Bhagwat Prasad Kaushik Aged About 61 Years R/o C-1/10, Officer Colony Anand Nagar, Raipur, District Raipur Chhattisgarh

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Chief Secretary, Govt. Of Chhattisgarh, Mahanandi Bhawan, Mantralaya, Naya Raipur District Raipur Chhattisgarh

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2 - Anti Corrupation Bureau And State Economic Offence Wing Chhattisgarh Through The Director General Near Telibandha Talab Telibandha, G.E. Road Raipur Distt. Raipur Chhattisgarh), District : Raipur, Chhattisgarh

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... Respondents

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For Petitioner : Mr.Gary Mukhopadhyay & Mr.Abhishek Gupta, Advocates For Respondents : Mr.Atul Jha, Additional Advocate General through video conferencing with Mr.Sanghrash Pandey, Government Advocate

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Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Parth Prateem Sahu, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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10.10.2025

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Heard Mr.Gary Mukhopadhyay & Mr.Abhishek Gupta, learned counsel for the petitioner as well as Mr.Atul Jha, learned Additional Advocate General through video conferencing with Mr.Sanghrash Pandey, learned Government Advocate appearing for the respondents/State.

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The present writ petition (PIL) has been filed by the petitioner with the following reliefs:-

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“A. Issue an appropriate writ, order, or direction to quash the order of the General Administration Department vide which the State Government has SIT constituted a Special Investigation Team and all subsequent action to conduct re- investigation in Crime No. 09 of 2015, which was registered by the Economic Offence Wing & Anti-Corruption Bureau, Chhattisgarh before the Ld. Special Judge, Raipur,

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B. Issue an appropriate writ, order, or direction to direct the Respondent Nos. 1 and 2 not to conduct re-investigation in any form in light of the ChargeSheets filed by the Economic Offence Wing & Anticorruption Bureau, Chhattisgarh dated 06.06.2015 and 06.08.2018 before the Ld. Special Judge, Raipur, and specifically to desist, forthwith, from coercing or otherwise influencing witnesses in Crime No. 09/2015 in any manner whatsoever, that may adversely affect the proceedings in the fair trial underway before the Ld. Special Judge;

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C. Issue or pass any other writ, direction or order that this Hon'ble High Court may deem fit and proper under the facts and circumstances.

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D. Costs of the Petition may also be awarded.”

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It has been brought to 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 and this matter is also connected with batch of petition. The operative portion of the order dated 16.09.2025 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

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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 of.”

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At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition (PIL).

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Permission is granted.

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Accordingly, the writ petition (PIL) is dismissed as withdrawn without any further liberty.

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It is not out of place to mention here that the present matter was connected with WPPIL No.42/2015, which has been dismissed by this Court today itself.

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Sd/- Sd/- (Parth Prateem Sahu) (Ramesh Sinha) Judge Chief Justice

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Bablu

Dharamlal Kaushik v. State of Chhattisgarh

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Dharamlal Kaushik v. State of Chhattisgarh

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