Satyendra Bhardwaj vs State Of Chhattisgarh on 13 July, 2026

    0
    6
    ADVERTISEMENT

    Chattisgarh High Court

    Satyendra Bhardwaj vs State Of Chhattisgarh on 13 July, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

                                                            1
    
    
    
    
               Digitally
               signed by
                        CGHC010086082026                                 2026:CGHC:29272-DB
                                                                                    NAFR
               ANURADHA
    ANURADHA   TIWARI
    TIWARI     Date:
               2026.07.13
               17:17:24
               +0530
                                  HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                                CRMP No. 678 of 2026
                        Satyendra Bhardwaj S/o Late Basant Kumar Bhardwaj Aged About 50
                        Years R/o Aghariya Para Ward No. 10 Jawalpur Distt. Janjgir-Champa
                        (C.G.)
                                                                                   ... Petitioner
                                                        versus
                        1 - State of Chhattisgarh Through- SHO Pamgarh Police Station
                        Mulmula Distt. Janjgir-Champa (Chhattisgarh)
                        2 - Jageshwar Prasad Tandan S/o Bhagatram Tandan Aged About 32
                        Years R/o Pamgarh Tahsil Pamgarh District Janjgir-Champa
                        Chhattisgarh
                        3 - Devendra Chaudhary Then SDM (Revenue) Pamgarh District
                        Janjgir-Champa (C.G.)
                        4 - Karuna Aher Then Tahsildar Pamgarh, Tahsil Office Pamgarh District
                        Janjgir-Champa (C.G.)
                                                                              ... Respondents

    (Cause-title taken from Case Information System)

    For Petitioner : Mr. Dheerendra Pandey, Advocate
    For Respondent No.1/State : Mr. Jitendra Shrivastava, Government
    Advocate

    SPONSORED

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge

    Order on Board
    Per Ramesh Sinha, Chief Justice
    13.07.2026

    1. Heard Mr. Dheerendra Pandey, learned counsel for the petitioner

    and Mr. Jitendra Shrivastava, learned Government Advocate, appearing

    for the State/respondent No.1.

    2

    2. The present petition has been filed by the petitioner under Section

    528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,

    ‘B.N.S.S.’) with the following relief(s):-

    “It is therefore prayed that this Hon’ble court may
    be pleased to allow the application by making an
    order to quash the FIR no. 30/2026 dated
    13.01.2026 for offence 420 467 468, 471, 34 of
    IPC pending before police station Mulmula as
    crime no. 30/2026 and discharge from the case
    to the applicant.”

    3. Learned counsel appearing for the petitioner would submit that the

    impugned First Information Report has been registered in a wholly

    mechanical and arbitrary manner without any independent application of

    mind by the police authorities. It is contended that the petitioner, while

    serving as Patwari in Village Mulmula between the years 2016 and

    2021, had merely discharged his official duties in accordance with the

    revenue records and the orders passed by the competent Revenue

    Court. The entire criminal prosecution has been initiated solely on the

    basis of a communication issued by the Sub-Divisional Officer

    (Revenue), Pamgarh, directing registration of an FIR, without any

    departmental enquiry, preliminary verification or examination of the

    relevant revenue records. It is argued that the police registered Crime

    No. 30 of 2026 on the strength of the said communication without

    conducting any independent inquiry to ascertain whether the ingredients

    of the alleged offences under Sections 420, 467, 468, 471 and 34 of the

    Indian Penal Code were at all made out against the petitioner.
    3

    4. Learned counsel would further submit that the very foundation of

    the prosecution case is demonstrably erroneous and contrary to the

    material available on record. Attention of the Court is invited to the

    show-cause notice dated 29.10.2024 issued by the Sub-Divisional

    Officer (Revenue), pursuant to which the petitioner appeared before the

    competent authority and recorded his detailed statement. In his

    statement, the petitioner categorically explained that the correction

    directed by the Revenue Court in Revenue Case No.124/B-121/2015-16

    had already been incorporated in the manual revenue records and that

    the concerned Khasra numbers stood recorded as Government land in

    the Khasra Panchshala. The petitioner specifically stated that he had no

    role whatsoever in making or altering entries in the online Bhuiyan

    portal and that he had no knowledge as to how the name of Prafulla

    came to be reflected in the online records. He further pointed out that

    the B-1, Kisan Kitab and other documents allegedly submitted before

    Axis Bank did not bear his signatures and that the signatures appearing

    thereon were forged. Despite these categorical assertions, supported by

    the revenue records themselves, the authorities proceeded to implicate

    the petitioner without conducting any investigation regarding the alleged

    forgery or identifying the person who had actually manipulated the

    online records.

    5. It is next contended that the entire revenue record continues to

    reflect the disputed land as Government land and there is no material

    whatsoever indicating that the petitioner either derived any benefit from

    the alleged transaction or participated in any conspiracy with the
    4

    principal accused, namely Prafulla and others, who are alleged to have

    obtained the loan by producing forged documents. Learned counsel

    submits that the investigation report itself attributes the illegal mortgage

    and fraudulent loan transaction to the private accused, while the

    petitioner has been roped in merely because he happened to be the

    Patwari of the concerned Halka during the relevant period. There is no

    allegation that the petitioner prepared or signed any forged document,

    altered any official record, presented any false document before the

    bank, or facilitated the sanction of the loan. The essential ingredients

    constituting the offences of cheating, forgery, use of forged documents

    or common intention are therefore completely absent insofar as the

    petitioner is concerned. At best, the allegations relate to discharge of

    official functions, for which the authorities were required to examine the

    matter departmentally before initiating criminal prosecution.

    6. Learned counsel would lastly contend that the continuation of the

    criminal proceedings amounts to a gross abuse of the process of law. It

    is argued that the petitioner has been prosecuted for acts allegedly

    performed in the course of discharge of his official duties without

    obtaining the mandatory sanction under Section 197 of the Code of

    Criminal Procedure. It is further submitted that the police have acted in

    complete disregard of the settled principles governing registration and

    investigation of criminal cases against public servants and have also

    failed to adhere to the safeguards laid down by the Hon’ble Supreme

    Court in Arnesh Kumar v. State of Bihar. According to learned counsel,

    even if the allegations contained in the FIR are accepted in their
    5

    entirety, they do not disclose the commission of any cognizable offence

    by the petitioner nor establish his involvement in the alleged conspiracy.

    The FIR has been lodged on the basis of mere suspicion, conjectures

    and administrative correspondence, without any legally admissible

    material connecting the petitioner with the alleged forgery or fraudulent

    mortgage transaction. It is, therefore, submitted that allowing the

    criminal proceedings to continue would amount to abuse of the process

    of Court, warranting exercise of the inherent jurisdiction of this Court

    under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for

    quashing of the impugned FIR and all consequential criminal

    proceedings.

    7. On the other hand, learned State counsel opposes the

    submissions advanced on behalf of the petitioner and submits that the

    impugned FIR has been registered pursuant to a detailed inquiry

    conducted by the competent revenue authorities on the basis of

    repeated complaints made by one Amardas Khande regarding illegal

    mutation and mortgage of Government land bearing Khasra Nos. 4/6

    and 4/12 situated at Village Mulmula. During the inquiry, it was found

    that although the land stood recorded as Government land in the

    revenue records from the year 2016-17, the same came to be reflected

    in the name of one Prafulla, son of Ravindranath, in the revenue

    records of the year 2020, on the strength of which he mortgaged the

    land with Axis Bank, Dipka and obtained a loan of Rs.20,00,000/-. The

    Sub-Divisional Officer (Revenue), after considering the investigation

    report and the material collected during inquiry, directed registration of
    6

    the FIR against all persons found involved in the alleged forgery and

    fraudulent transaction.

    8. Learned State counsel would further submit that during the course

    of inquiry, the documents obtained from Axis Bank, including the B-1, P-

    2 Kisan Kitab, Form-C and other loan papers, as well as the revenue

    records, disclosed that the Government land had been fraudulently

    shown in the name of the private borrower without any lawful

    conveyance or registration. The inquiry further revealed that the land

    was never transferred through any registered document, thereby

    indicating manipulation of the revenue records. Since the revenue

    entries reflecting the land in the name of the private individual were

    made during the tenure of the then Halka Patwari, Shri Satyendra Singh

    Bhardwaj, his role also surfaced during the inquiry, along with that of the

    principal accused Prafulla and the co-applicant Mirza Yadav,

    necessitating registration of the FIR for offences punishable under

    Sections 420, 467, 468, 471 and 34 of the IPC.

    9. It is lastly submitted that the allegations contained in the FIR

    disclose the commission of cognizable offences requiring a thorough

    investigation. At the stage of registration of the FIR, the investigating

    agency is only required to ascertain whether the information discloses

    the commission of a cognizable offence and not to conclusively

    determine the guilt or innocence of the accused. Since the investigation

    is still at a nascent stage and the allegations involve forgery of

    Government records, illegal mutation of Government land and
    7

    fraudulent procurement of a bank loan, the petitioner is not entitled to

    invoke the inherent jurisdiction of this Court for quashing the FIR, as the

    disputed questions of fact can only be examined upon completion of

    investigation.

    10. We have heard learned counsel for the parties and perused the

    material available on record with utmost circumspection.

    11. The legal position on the issue of quashing of criminal

    proceedings is well-settled that the jurisdiction to quash a complaint,

    FIR or a charge-sheet should be exercised sparingly and only in

    exceptional cases and Courts should not ordinarily interfere with the

    investigations of cognizable offences. However, where the allegations

    made in the FIR or the complaint even if taken at their face value and

    accepted in their entirety do not prima facie constitute any offence or

    make out a case against the accused, the FIR or the charge-sheet may

    be quashed in exercise of powers under Article 226 or inherent powers

    under Section 482 of the Cr.P.C. (now 528 of the B.N.S.S.).

    12. The Hon’ble Supreme Court in the matters of Rupan Deol Bajaj

    v. K.P.S. Gill reported in (1995) SCC (Cri) 1059, Rajesh Bajaj v. State

    of NCT of Delhi reported in (1999) 3 SCC 259 and Medchl Chemicals

    & Pharma (P) Ltd. v. Biological E Ltd. & Ors reported in 2000 SCC

    (Cri) 615, the Supreme Court clearly held that if a prima facie case is

    made out disclosing the ingredients of the offence, Court should not

    quash the complaint. However, it was held that if the allegations do not

    constitute any offence as alleged and appear to be patently absurd and
    8

    improbable, Court should not hesitate to quash the complaint. The note

    of caution was reiterated that while considering such petitions the

    Courts should be very circumspect, conscious and careful. Thus, there

    is no controversy about the legal proposition that in case a prima facie

    case is made out, the FIR or the proceedings in consequence thereof

    cannot be quashed.

    13. In Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra,

    2021 SCC OnLine SC 315, the Hon’ble Supreme Court has

    authoritatively settled the scope of the inherent jurisdiction of the High

    Court under Section 482 of the Code of Criminal Procedure, 1973 (now

    Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The

    Apex Court has held that the power to quash criminal proceedings is

    required to be exercised sparingly, with circumspection and only in the

    rarest of rare cases. It has been categorically observed that while

    considering a prayer for quashing an FIR or criminal proceedings, the

    High Court cannot embark upon an enquiry into the reliability,

    genuineness or otherwise of the allegations contained in the FIR, nor

    can it appreciate the evidence or conduct a mini trial. The Court is only

    required to examine whether the allegations, if taken at their face value,

    disclose the commission of a cognizable offence. The Supreme Court

    further emphasized that criminal proceedings ought not to be scuttled at

    the threshold, that investigation into cognizable offences should

    ordinarily be permitted to proceed unhindered, and that the

    extraordinary jurisdiction under Section 482 Cr.P.C. must be exercised

    with great caution and self-restraint, save in exceptional cases where
    9

    non-interference would result in manifest miscarriage of justice.

    14. Very recently, in Pradeep Kumar Kesharwani v. State of Uttar

    Pradesh & Another (Criminal Appeal No. 3831 of 2025, decided on

    02.09.2025), the Hon’ble Supreme Court reiterated the aforesaid

    principles and further held that while exercising jurisdiction under

    Section 482 Cr.P.C. (now Section 528 of the BNSS), the High Court

    cannot adjudicate disputed questions of fact or evaluate the evidentiary

    worth of the material collected during investigation. Unless all these

    parameters are cumulatively satisfied, the High Court ought not to

    interfere in exercise of its inherent jurisdiction, leaving the parties to

    establish their respective cases before the trial Court in accordance with

    law.

    15. Tested on the touchstone of the aforesaid principles, this Court

    finds that the allegations contained in the First Information Report

    cannot be said to be so absurd, inherently improbable or wholly devoid

    of substance so as to warrant exercise of the extraordinary inherent

    jurisdiction of this Court under Section 528 of the BNSS. The FIR has

    not been registered merely on the basis of bald allegations made by the

    complainant. Rather, it has been lodged pursuant to an inquiry

    conducted by the Sub-Divisional Officer (Revenue), Pamgarh, on

    complaints alleging fraudulent mutation of Government land bearing

    Khasra Nos. 4/6 and 4/12, followed by illegal mortgage of the said land

    with Axis Bank for obtaining a loan. The inquiry report records that

    although the land stood recorded as Government land in the revenue
    10

    records from the year 2016-17, it was subsequently reflected in the

    name of a private individual, namely Prafulla, son of Ravindranath, who

    allegedly availed a loan by mortgaging the said land. During the inquiry,

    documents were obtained from the concerned Bank and other revenue

    authorities, whereafter the competent authority directed registration of

    the FIR against the persons whose involvement prima facie surfaced.

    Whether the allegations ultimately culminate in a successful prosecution

    is a matter which falls within the domain of the investigating agency

    and, if a final report is filed, the competent criminal Court.

    16. The principal contention advanced on behalf of the petitioner is

    that he has been falsely implicated despite there being no material to

    indicate his involvement in the alleged forgery or illegal mortgage of

    Government land. It has been contended that the petitioner merely

    discharged his official duties as Patwari, that the corrections directed by

    the Revenue Court had already been incorporated in the manual

    revenue records, and that he neither made any online mutation nor

    signed the B-1, Kisan Kitab or other documents relied upon by the

    borrower for obtaining the loan. This Court is unable to examine the

    correctness of these factual assertions in proceedings under Section

    528 of the BNSS. Whether the petitioner had any role in the alleged

    manipulation of the revenue records, whether the online entries were

    made by him or by some other person, whether the documents relied

    upon by the Bank bear forged signatures, and whether he shared any

    common intention with the other accused are all disputed questions of

    fact requiring investigation and cannot be conclusively adjudicated at
    11

    this preliminary stage.

    17. Equally untenable is the submission that the allegations contained

    in the FIR, even if accepted in their entirety, do not disclose the

    commission of any cognizable offence. A plain reading of the FIR

    reveals specific allegations that Government land was illegally reflected

    in the name of a private individual, who thereafter mortgaged the same

    with a Bank for obtaining a substantial loan, and that during the inquiry

    the role of the then Halka Patwari also surfaced. The correctness of

    these allegations, the extent of the petitioner’s involvement and the

    evidentiary value of the material collected during the inquiry are matters

    to be examined during investigation. At this stage, the Court is only

    required to ascertain whether the FIR discloses the commission of

    cognizable offences and not whether the allegations are ultimately

    capable of being proved beyond reasonable doubt.

    18. The submission that the petitioner had no concern with the loan

    transaction, derived no pecuniary benefit therefrom and that the

    principal allegations are directed against Prafulla and other private

    individuals also cannot constitute a ground for quashing the FIR. The

    prosecution case is not founded solely upon the allegation that the

    petitioner obtained the loan; rather, it is alleged that the illegal mutation

    of Government land and the consequential mortgage were facilitated by

    manipulation of the revenue records during the relevant period, in which

    the role of the petitioner, being the then Halka Patwari, requires

    investigation. Whether such allegations are ultimately substantiated by
    12

    legally admissible evidence is a matter that can be determined only

    after completion of investigation and not in proceedings invoking the

    inherent jurisdiction of this Court.

    19. From a perusal of the FIR and the inquiry report forming its basis,

    it cannot be said that the criminal law has been set in motion

    mechanically or without any material whatsoever. The FIR itself

    discloses that the competent revenue authority examined the revenue

    records, obtained documents from Axis Bank, issued notices to the

    borrower and co-applicant, and found prima facie material indicating

    commission of offences relating to forgery, cheating and use of forged

    documents before directing registration of the FIR. At this nascent stage

    of investigation, this Court would be slow in stifling a legitimate

    investigation by entering into disputed questions of fact or by

    appreciating the defence sought to be raised by the petitioner.

    20. Upon cumulative consideration of the allegations contained in the

    FIR and the material referred to therein, this Court is satisfied that the

    allegations, if taken at their face value and accepted for the limited

    purpose of the present proceedings, disclose the commission of

    cognizable offences requiring a fair and complete investigation. The

    allegations cannot be characterised as inherently absurd, manifestly

    frivolous or so improbable that no prudent person could reach a prima

    facie conclusion regarding the commission of the alleged offences. As

    reiterated by the Hon’ble Supreme Court in Neeharika Infrastructure

    Pvt. Ltd. (supra), the power to quash criminal proceedings should be
    13

    exercised sparingly, with circumspection and only in the rarest of rare

    cases where the allegations fail to disclose any cognizable offence or

    continuation of the proceedings would amount to abuse of the process

    of law. The decision in Pradeep Kumar Kesharwani (supra) also

    reiterates that the High Court, while exercising its inherent jurisdiction,

    ought not to undertake an appreciation of disputed questions of fact or

    evaluate the defence of the accused at the threshold. Judged on the

    aforesaid parameters, no exceptional circumstance is made out

    warranting interference with the impugned FIR.

    21. The defence projected by the petitioner, namely that he merely

    performed his official duties, had no role in making the online entries,

    that the signatures appearing on the loan documents are forged, that

    sanction under Section 197 of the Code was necessary, and that he has

    been falsely implicated on account of his previous posting, are all

    matters constituting his defence. These contentions involve disputed

    questions of fact and mixed questions of fact and law, which cannot be

    adjudicated in proceedings under Section 528 of the BNSS. The High

    Court, while exercising its inherent jurisdiction, does not conduct a mini

    trial or adjudicate upon the correctness of rival factual claims.

    22. In the considered opinion of this Court, the present case does not

    fall within any of the categories illustratively carved out by the Hon’ble

    Supreme Court in Neeharika Infrastructure Pvt. Ltd. (supra) and

    reaffirmed in Pradeep Kumar Kesharwani (supra) warranting exercise

    of the extraordinary inherent jurisdiction of this Court under Section 528
    14

    of the BNSS for quashing the impugned FIR. The allegations contained

    in the FIR, if taken at their face value, disclose the commission of

    cognizable offences and call for a fair and complete investigation. The

    petition, being devoid of merit, deserves to be and is accordingly

    dismissed. However, considering that the FIR was registered on

    13.01.2026 and the investigation has remained pending for a

    considerable period, it is directed that the Investigating Officer shall

    proceed with the investigation diligently and conclude the same as

    expeditiously as possible, preferably within a period of six months from

    the date of receipt of a copy of this order, strictly in accordance with law,

    without being influenced by any observation made herein. It is made

    clear that the observations recorded in this order are confined solely to

    the adjudication of the present petition under Section 528 of the BNSS

    and shall not be construed as an expression on the merits of the case.

    23. There shall be no order as to costs.

                            Sd/-                                     Sd/-
                  (Ravindra Kumar Agrawal)                     (Ramesh Sinha)
                          Judge                                  Chief Justice
    Anu
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here