Nafr High Court
Case Details
1 2025:CGHC:39083-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 417 of 2025 Narayan Lal Sharma S/o Late Shri Ramniwas Sharma Aged About 64 Years R/o Flat No. 408, Orchid- 04, 3rd Floor, Green Earth City, Amleshwar , Sankra, District- Durg (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through It's Secretary Department of Home, Mahanadi Bhawan, Mantralay, Atal Nagar, Nava Raipur, District – Raipur, Chhattisgarh. 2. Chhattisgarh State Economic Offence Investigation Bureau/ Anti Corruption Bureau Through Inspector General of Police In Front of Jai Jawan Petrol Pump, G.E. Road Raipur, District Raipur (C.G.) 3. State Economic Offence Investigation/ Anti Corruption Bureau Through its Station House OfÏcer in Front of Jai Jawan Petrol Pump, G.E, Road Raipur , District Raipur (C.G.) ...Respondent(s) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.08.06 19:11:13 +0530 For Petitioner For Respondent/State : :
Legal Reasoning
Mr. Bhaskar Payashi, Advocate. Mr. S.S. Baghel, Deputy Government Advocate. 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Per Ramesh Sinha , Chief Justice
Decision
Order on Board 06.08.2025 1. Heard Mr. Bhaskar Payashi, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or suitable direction, directing the respondents to produce status report as to why charge-sheet has not been filed in connection with Crime No. 40 of 2013, registered by Economic Offence Investigation Bureau/Anti Corruption Bureau on 31.12.2013 for the offences punishable under Sections 120-B of the IPC, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, for kind perusal of this Hon’ble Court. 10.2 That this Hon’ble Court may kindly be pleased to issue writ of mandamus or any other appropriate order or direction to the respondent Anti Corruption Bureau to file charge-sheet in respect of Crime No. 40 of 2013 registered by Economic Offence Investigation Bureau/Anti Corruption Bureau on 31.12.2013 for the offences punishable under Section 120-B of the IPC, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, within stipulated time, which this Hon’ble Court deems fit. 3 10.3 That this Hon’ble Court may grant any other ancillary relief by issuing any other suitable writ, direction or order, deems fit in the facts and circumstances of the case including cost of petition.” 3. Learned State counsel submits that in compliance of the order dated 23.07.2025 passed by this Court, the respondent No. 2, has filed his personal afÏdavit on 05.08.2025, which is on record. The relevant part of the same reads as under: “3. That, in compliance of the Hon'ble Court's direction dated 23.07.2025, it is most humbly and respectfully submitted that, the petitioner had lodged a complaint before the Anti Corruption Bureau regarding serious allegations of corruption and misuse of public ofÏce causing unlawful gain to 2 printers namely M/s. Chhattisgarh Packagers, Bhilai and M/s. Prabodh and Company, Raipur and caused unlawful loss to Chhattisgarh Text Book Corporation/SCERT. The petitioner had filed complaint against the OfÏcers of the Chhattisgarh Text Book Corporation in respect of various discrepancies done in printing of MGML Cards for Class 3 and 4. It is alleged that, at the relevant point of time, the Managing Director of Text Book Corporation was Shri J. Minj, the then General Manager, Subhash Mishra, the then Directors and Sanjay Pillai and Deputy Manager Printing on 22.11.2012, who were involved in embezzlement of Rs. 4 Crores in respect of MGML Cards for Class 3 and 4. In the year 2009-2010 for which, preliminary enquiry was numbered as 118/2012. After completion of preliminary enquiry on the complaint made by the petitioner, the subject Crime No. 40/2013 has been registered by the Anti Corruption Bureau, Raipur on 31.12.2013 for the offence punishable under Section 4 120-B of the IPC and under Sections 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 against the accused persons. 4. That, it is humbly submitted that, after registering the FIR against the accused persons namely Shri Subhash Mishra, the then General Manager, Chhattisgarh Text Book Corporation, Shri Sanjay Pillai, the then Deputy Manager, Printing, Shri Joseph Minj, the then Managing Director, Chhattisgarh Text Book Corporation, Shri Nand Gupta, Proprietor M/s. Chhattisgarh Packagers Private Limited, Bhilai and Shri Yugbodh Agrawal, Proprietor M/s. Prabodh and Company Private Limited, Raipur and the matter was taken into investigation. Copy of the Brief Report of the Subject Crime No. 40/2013, is being annexed herewith as ANNEXURE R/1 for kind perusal of this Hon'ble Court. 5. That, during investigation, certain articles were seized and the statements of the relevant witnesses were duly recorded and prosecution sanction of the accused persons have been obtained from the Competent Authority and after completion of investigation, the charge-sheet has been filed against four accused persons namely Shri Subhash Mishra, Shri Sanjay Pillai, Shri Nand Gupta and Shri Yugbodh Agrawal for the offence punishable under Sections 420 and 120-B of the IPC and under Sections 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 before the Competent Court on 31.07.2025. Copy of the Final Report/Charge Sheet No. 01/2018 dated 06.01.2018, filed before the Court of the Learned Special Court, Prevention of Corruption Act, Raipur, against the four accused persons, is being annexed herewith as ANNEXURE R/2 for kind perusal of this 5 Hon'ble Court. 6. That, it is humbly submitted that, as the prosecution sanction of the accused namely Shri Joseph Minj, the then Managing Director, Chhattisgarh Text Book Corporation is still pending before the Competent Authority, the investigation against the said accused person has not been concluded and as soon as, the prosecution sanction of the accused Shri Joseph Minj will be obtained from the Competent Authority, the investigation against the said accused person would be concluded and the charge-sheet would be filed before the Competent Court. Copy of the relevant letters for obtaining the prosecution sanction from the Competent Authority, are being annexed collectively herewith as ANNEXURE R/3 for kind perusal of this Hon'ble Court.” 4. Upon a perusal of the afÏdavit placed on record, it is evident that a charge-sheet has been filed against four out of the five accused persons, namely, Shri Subhash Mishra, Shri Sanjay Pillai, Shri Nand Gupta, and Shri Yugbodh Agrawal. The charge-sheet pertains to offences punishable under Sections 420 and 120-B of the IPC, as well as under Sections 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988. It has been submitted before the competent Court on 31.07.2025. 5. Insofar as the remaining accused, Shri Joseph Minj, is concerned, the investigation against him is stated to be pending. It has been submitted that the investigation shall be concluded and the charge-sheet shall be filed before the competent Court as soon as the requisite sanction for prosecution is obtained from the competent authority in accordance with law. 6 6. In light of the above submissions, the present petition stands disposed off. However, the concerned Investigating OfÏcer is directed to expedite the process of obtaining the sanction for prosecution against the accused Shri Joseph Minj, conclude the investigation in a time-bound manner, and file the charge-sheet before the competent Court within a period of three weeks from the date of this order. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan