Aswani Kumar S/o Govind Ram Aged About 30 Years R/o Sudama Nagar, Sanjay Nagar v. 1 - State Of Chhattisgarh Through - S H O Police Station Pandri, Ditrict
Case Details
2025:CGHC:4093-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 143 of 2025 Aswani Kumar S/o Govind Ram Aged About 30 Years R/o Sudama Nagar, Sanjay Nagar, Tahsil And Dist. Raipur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - S H O Police Station Pandri, Ditrict - Raipur, C.G. 2 - X Y Z Nil. ...Respondents (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Amit Kumar, Advocate For Respondent/State --------------------------------------------------------------------------------------------------------- : Shri SS Baghel, Dy GA Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Ramesh Sinha, Chief Justice Per 22.01.2025
Legal Reasoning
Heard Shri Amit Kumar, learned counsel for the petitioner. Also heard Shri SS Baghel, learned Dy GA, appearing for the respondent/State. 1. Present petition is filed with the following prayer: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash the FIR No.97/2024 and all others subsequent proceedings emanating therefrom, registered at Police Station Pandri, Raipur, District Raipur (CG) against the petitioner for the Crmp 143 of 2025 2 offence punishable under Section 509(B) of IPC in the interest of justice.” 2. In compliance of Court’s order dated 15.01.2025, Senior Superintendent of Police, Raipur, CG has filed his affidavit which is reproduced here under: “I, Dr. Lal Umend Singh, S/o Late Shri K. Singh, Aged about 54 years, Senior Superintendent of Police, Raipur (CG) do hereby solemnly affirm and state on eath as under: 1. That, as per the direction issued by the Hon'ble High Court dated 15.01.2025 to file an affidavit, I hereby make the following submission. i. That, the complainant namely Bhuvneshwari Sahu, who is resident of Kapalphodi. PS. Magarinad, District Dhamtari, has lodged the FIR on 03.03.2024 making the allegations against one Ashwani Rao, who is Constable in 15th Battalion CIF Beejapur, alleging that he has captured her nude photos in his mobile phone and circulated the same to her husband Yashwant Sahu. ii. After the registration of FIR, statement of victim under Section 164 of CrPC has been recorded and while further investigation, CDR of Mobile No 9340680863 of accused Ashwani Kumar has been sought by the Cyber Cell, Raipur and thereafter note Crmp 143 of 2025 3 sheet was sent to the Commandant 15 Battalion, Beejapur, informing about the offence, which has been registered against his Constable Ashwani Kumar with a direction that he may assist the investigation officer in the matter. iii. The accused in lieu of assisting the investigating officer, moved an application under Section 438 of Cr.P.C. before the Sessions Judge, Raipur and thereafter, on rejection of his antrapatory bail by the learned Benamme Jodge, he moved an application for gprint of anticipatory bail us the Hon'ble High Court of Chhattisgarh in MCRCIAL No.335/2024, which was rejected by the Banble High Court vide ortler dated 26.04. 2024. iv. Thereafter, the accused had preferred Special Leave Petunion [Criminal) No. 7280/2004 before the Hooble Supreme Court in which upon hearing an 11.06.2024, an interim order has been passed as under : “Issue notice, returnable on 2008 2024. In the meanwhile, the petitioner shall not be subjected to any coercive action in connection usth Crime No.97/2021 on the file of Police Station Pundri, District Raipur Chhattisgarh subject to his cooperating with the westigation and abiding by the Crmp 143 of 2025 4 conditions stipulated in Section 438(2) of the Code of Criminal Procedure 1973" v. Thereafter, the matter was listed before the Hon'ble Supreme Court on 2008 2024 and on that date, the following order has been passed: “1. Leamed advocate representing the State of Chhattisgarh submits that counter affidavat has been filed in the Registry. 2. Let such counter affidavu be tagged with the file. 3. The petitioner shall be at liberty to file rejoinder affidavit, if any, usthin 10 days. 4. Relist the special leave petition in the week commencing 9 September, 2024. 5. Intertim order granted earlier shall continue till the next date of hearing.” vi. Again on 15. 10.2024, the matter was taken up for hearing and the Hon'ble Supreme Court passed the order, which states as under: 1. From the counter affidavit and the rejoinder affidave filed by the parties, it is not too clear as to whether the petitioner has met the investigating officer Kamal Patel.
Decision
2. Without entering into this controversy, we direct the pettioner to meel the mvestigating officer on 22 Crmp 143 of 2025 5 & 23 Otober 21224 ur 10:00 am usthout fail for being interrogated. 3. Re-list the special leave petition on 04th November, 2024. 4. The investigating officer or any other officer attached to the concemed Police Station shall file a status report on the said date. 5. Interim order passed earber shall continue till the next date of hearing. vii. On 04 11 2024, the following order passed by the Hon'ble Supreme Court: 1. Compliance affidavit on behalf of respondent State of Chhattisgarh is tendered in Court today. The same shall be retained with the records. 2. The petitioner is granted opportunity to take exception to such compliance affidavit by filing an affidavit, within two weeks from date. 3. Re list the special leave petition on the week commencing 09 December, 2024. 4. Interim protection granted carber shall continue till the next date. viii. The Special Leave Petition was again listed on 10 12:2024 the Their Lordships of the Supreme Court has fimissed the petition and observed as under: Crmp 143 of 2025 6 1. We are not inclined to interfere with the impugned judgment and order of the High Court, hence the special leave petition is dismissed. 2. Pending application(s) if any shall stand disposed of. ix. After dismissal of the Special Leave Petition by the Hon'ble Supreme Court, the investigation officer has issurd notice to the accused person to appear in the Police Station and assist the investigation proceeding despite the notices, the accused has never turned up before the investigating officer. Therefore, there is delay in concluding the investigation. x. The show case notice has been issued to the Investigating officer by the fluperintdent of Pulier an to why there is delay in sonchaling the investigatio proceeding. xi. In reply to the above show cause notice the Investigating officer stisclosed the aforesaid facts.” 3. In the present case, it transpires from the above affidavit, petitioner is not cooperating with the investigation, inspite of several notices issued to him. Therefore, there was delay in concluding the investigation. It further transpires that though the petitioner herein was granted interim protection by the Hon’ble Apex Court from time to time in the Special Leave to Appeal (Crl) No.7280 of 2024 filed against the order of this Court passed in Crmp 143 of 2025 7 MCRCA No.334 of 2024, rejecting his anticipatory bail application but finally, Hon’ble Apex Court has dismissed the appeal of petitioner vide order dated 10.12.2024. Hence, the petitioner is directed to cooperate with the investigation, and the Investigating Officer is also directed to conclude the investigation in accordance with law within a period of four weeks. 4. Learned counsel for the petitioner further prayed that some interim protection be granted in favour of petitioner but considering the fact that petitioner’s anticipatory bail application was rejected by this Court on 26.02.2024, against which he filed Special Leave to Appeal (Crl) No.7280 of 2024, which was ultimately dismissed by the Hon’ble Apex Court on 10.12.2024, as the Court was not inclined to interfere with the impugned judgment and order of the High Court, no interim protection can be granted to the petitioner, and he is at liberty to take recourse to law under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, if he so advised. 5. In view of above, present petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma