LAWS(CHH)-2022-1-24

ROYDEN HAROLD BUTHELLO Vs. STATE OF CHHATTISGARH

Decided On January 10, 2022
Royden Harold Buthello Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Petitioner No. 1 is the accused and petitioner No. 2 is father of petitioner No. 1. They have filed present petition under Article 226 of the Constitution of India and Sec. 482 of the Code of Criminal Procedure seeking direction for transfer of FIR No. 0232/2020 registered at Azad Chowk Police Station, Raipur, FIR No. 0255/2020 registered at Kotwali Police Station, Raipur, Online complaint No. 3334104012000003 dtd. 27/10/2020 made before the Superintendent of Police, Raipur and Online complaint No. 24488049072000014 dtd. 6/11/2020 made before Talchar Police Station to the Central Bureau of Investigation. Petitioners also seek quashment of FIR No. 0232/2020 registered at Azad Chowk Police Station, Raipur and FIR No. 0255/2020 registered at Kotwali Police Station, Raipur.

(2.) The brief facts as reflected from the averments made in the petition are that petitioner No. 1 is a resident of Mumbai, a qualified automobile engineer and regular income tax payee. Petitioner No. 2 is a businessman carrying out business of logistics, transportation, renting out vehicles etc. for the last 36 years in the name and style of M/s Buthello Travels at R/3, Mathur Estate, Premier Road, Kurla (W., Mumbai. Petitioner No. 1 through his father's business was working in the state of Odisha as well as State of Chhattisgarh. They have received various works of transportation of minerals. Copy of the contracts is also annexed with petition.

(3.) Petitioner No. 1, in view of the business, has acquired 25 heavy motor vehicles which have been registered with RTO offices in State of Chhattisgarh for transportation of fly ash from NTPC, Khania Nagar to various parts of Odisha. In connection with the business activity, he booked Room No. 220 in his name in Hotel Green Park, Talcher, District -Angul, Odisha from 15/10/2020 to 20/10/2020. On 20/10/2020 at 13:00 hours, 4 unknown persons visited the Hotel Green Park, in a white Innova Car with a broken front bumper impersonating themselves as police officers. The said four unknown persons contacted Shri Vijaya who was working as a receptionist and said that they are desirous to meet him. Therefore, they were allowed to enter into the room No. 220 where the petitioner No. 1 was staying.