Nafr High Court
Case Details
1 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.26 18:02:53 +0530 2025:CGHC:14430-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1095 of 2025 1 - Rajesh Sahu S/o Shri Lalaram Sahu Aged About 34 Years R/o Kutkipara, Police Station - Sahaspur Lohara, District- Kabirdham (C.G.) 2 - Faguram Dhurve S/o Shri Dilip Dhurve Aged About 24 Years R/o Dhangaon, Jarhatola, Police Station-Sahaspur Lohara, District- Kabirdham (C.G.) versus ... Petitioner(s) State Of Chhattisgarh Through Station House Officer- Police Station- Sahaspur Lohara, District-Kabirdham (C.G.) ... Respondent(s) For Petitioner(s)
Legal Reasoning
: Mr. Pawan Kesharwani, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Hon'ble Ramesh Sinha, Ravindra Kumar Agrawal Chief Justice , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 26.03.2025 1. Heard Mr. Pawan Kesharwani, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the respondent / State. 2. The petitioner has filed this petition with following prayer: 2 “(I) May this Hon’ble Court be kind enough to call for the entire records pertaining to the case of the petitioner. (ii). May this Hon’ble Court be kind enough to quash the FIR bearing Crime No. 163/2024 dated 18.06.2024 and entire charge-sheet bewaring No. 283/2024 prepared on 20.11.2024 (Annexure P-1) registered against the Petitioners in Police Station- Sahaspur Lohara, District- Kabirdham (C.G.) under sections 146/192A & 56/192 of the Motor Vehicle Act. (iii). May this Hon’ble Court be kind enough to grant Any other relief which the Hon’ble Court may deem fit in the facts and circumstances of the case.” 3. Prosecution story in a nutshell is that on 18.06.2024, one Pritesh Mahanti made a Complaint in Police Station Sahaspur, Lohara, District-Kabirdham (C.G.) on account of a Motor Vehicle Accident that occurred on 01.06.2024. The F.I.R. was registered against the Driver of Vehicle-Hyva Truck No. CG 09 JE 8987. As per the F.I.R., on 01.06.2024, he was going to Bashir Petrol Pump on his NS 200 Bajaj motorcycle (Registration No. CG 09 JQ 7708) to refuel. Near Regakhar Road Tiraaha, Lohara, he met Sunita Bai Banjare, who asked him to drop her near Bashir Petrol Pump. He allowed her to sit on the back of his motorcycle and continued his journey. At around 11:00 PM, in front of Bashir Petrol Pump, a heavy truck driver, driving recklessly and at high speed, hit his motorcycle head-on, resulting in an accident. Due to the collision, 3 both Pritesh Mahanti and Sunita Bai Banjare fell, and the motorcycle was damaged. The truck stopped for a moment, allowing Pritesh to note its registration number (CG 09 JE 8987). As a result of the accident, Pritesh Mahanti sustained injuries on his right thigh, knee, head, and near his right eye and Sunita Bai Banjare suffered injuries to her head and right knee. They were taken to CHC Lohara via Dial 112 emergency vehicle for treatment. Later, they were referred to the District Hospital in Kawardha for further medical care. After some treatment, Pritesh Mahanti continued his recovery at home, whereas Sunita Bai Banjare was later transferred to DKS Hospital, Raipur, where she succumbed to her injuries. Based on this complaint, the said FIR was registered at Lohara police station against the driver of Hyva Truck CG 09 JE 8987 bearing Crime No. 163/24 under Sections 279, 337 of the Indian Penal Code. After registration of F.I.R. an application/complaint was given by the present applicant before the Superintendent of Police, Kawardha, District-Kabirdham (C.G.) on 24.08.2024, intimating of false implication of the applicant's vehicle in the accident. It was informed by the applicant that on the alleged accident date, June 1, 2024, from 6:00 PM to June 2, 2024, at 6:00 AM, the applicant's vehicle did not pass through Bashir Petrol Pump on Rajnandgaon Road via Lohara town. Instead, on June 1, 2024, the vehicle was stationed at Jain Gitti Quarry on Kawardha Road for loading. At 10:44 PM, the truck was loaded with gravel and transported via Garawar 4 through Kawardha to Dashrangpur, where it unloaded the gravel and returned to Jain Gitti Quarry at 1:42 AM. Around 18 days after the accident, in a premeditated manner, the applicant's vehicle was falsely implicated in the accident in an attempt to fraudulently claim insurance money. Consequently, a false case (Crime No. 163/2014) under Sections 279 and 337 of IPC was registered against the applicant's driver at Lohara Police Station. This has caused severe mental distress to the applicant. Thereby requesting to investigate the matter and take appropriate action to dismiss the false case registered against the applicant's driver. It is alleged that the RTO Kawardha provided details of the vehicle, confirming that the accused vehicle (CG 09 JE 8987) belonged to the present Applicant/Rajesh Sahu, son of Lala Ram Sahu, resident of Kutkipara, Lohara, Kabirdham. A notice under Section 133 MV Act was issued to the vehicle owner, asking for relevant documents, including insurance, driving license, and permit. The truck was found to be uninsured, leading to additional charges under sections 338, 304A of the Indian Penal Code, 146/196, 66/192A & 56/192 of the Motor Vehicle Act were added. In furtherance of the Criminal Proceeding, the truck driver, Faguram Dhurve, son of Dilip Dhurve, aged 24 years, resident of Dhangao, Lohara, was made accused. He was arrested on 23.10.24 at 6:30 P.M., but was later released on bail upon being presented before the competent court. Subsequently, a charge-sheet (Case No. 283/24, dated 20.11.24) was prepared against Faguram Dhurve 5 and the name of present Applicant- Rajesh Sahu was added as co-accused, without making a proper investigation and disregarding the complaint given by the Applicant No. 01. Hence, this petition. 4. Learned counsel for the petitioners submits that the present Applicant, Rajesh Sahu, has been falsely implicated in the present case despite having no involvement in the alleged accident. The FIR (Crime No. 163/24) was registered based solely on the statement of the complainant, Pritesh Mahanti, without a proper and fair investigation into the actual involvement of the accused vehicle. On the alleged date and time of the accident, the Applicant's vehicle, Hyva Truck No. CG 09 JE 8987, was not present at the accident location, as evidenced by the transportation records and GPS tracking data. The Applicant has provided substantial documentary proof that on June 1, 2024, the said vehicle was stationed at Jain Gitti Quarry for loading and later transported materials to Dashrangpur, refuting any possibility of its presence at Bashir Petrol Pump, the alleged accident site. The registration of the FIR is a clear instance of false implication, as the complaint was filed nearly 18 days after the alleged accident. Such an undue delay raises serious doubts about the authenticity of the allegations and suggests a mala fide intention to falsely implicate the petitioners vehicle for fraudulent insurance claims. Further, the investigating authorities failed to consider the petitioners complaint dated 24.08.2024, made before the 6 Superintendent of Police, Kawardha, wherein he clearly stated that his vehicle was not involved in the accident. Despite submitting verifiable evidence proving the non-involvement of his truck, the authorities did not conduct a fair and impartial investigation and instead proceeded with a biased approach by including the applicant's name in the charge-sheet. Allowing the continuation of criminal proceedings against the applicant would result in grave injustice and unnecessary harassment. The present case is a fit matter for the Hon'ble Court to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and subsequent proceedings to prevent abuse of the legal process. 5. Learned Panel Lawyer appearing for the State opposes the submissions and prayer made by the petitioners and submits that in the present matter, charge-sheet has already been filed and the charges are yet to be framed and it has to be investigated and taken to its logical end. He further submits that bare perusal of charge-sheet goes to show that on the date of the incident, the petitioner were driving the truck recklessly and at high speed, hit the motorcycle of the complainant, resulting in an accident. Due to the collision, both Pritesh Mahanti and Sunita Bai Banjare fell, and the motorcycle was damaged and a result of which, Sunita Bai Banjare succumbed to her injuries. Further during the investigation, it was found that the truck of the petitioners was also not insured. As such, crime was registered against the 7 present petitioners, which needs to be taken to its logical end. 6. We have heard learned counsel for the parties and perused the documents appended with petition. 7. Considering the submissions advanced by the learned counsel for the parties that the charge-sheet has already been filed and perusal of the charge-sheet goes to show that the petitioners were driving their uninsured truck in a reckless manner and colluded it with the motorcycle of the complainant resulted in a dangerous accident due to which, Sunita Bai succumbed to her injuries, as such, the charge-sheet itself discloses commission of cognizable offence on the part of the petitioners and the investigation has to be brought to its logical end, hence, no good ground has been raised to interfere in the matter and quash the charge-sheet at this stage. 8. In that view of the matter, we do not find any merit in this petition. The petition lacks merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet