SALTA DHRITLAHRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This first anticipatory bail application under Sec. 438 of the Code of Criminal Procedure has been filed by the Applicants, who are apprehending their arrest in connection with Crime No.13/15 registered at Police Station ' Sahaspur Lohara, District- Kabirdham for the offences punishable under Ss. 420, 466, 467, 468, 471 and 120(B) of the IPC.

(2.) Prosecution case in brief is that the complainant / non-applicant no/02 had submitted a complaint under Sec. 420, 467 466, 468, 471 and 120 B of the Indian Penal Code before the court of Chief Judicial Magistrate, Kabirdham, against present applicants herein on the pretext that applications for the post of Aaganbadi Karyakarta for Kauhari Centre were invited, in pursuvance to advertisment, present applicant no.01 Salta Dhritlahre and complainant / non- applicant no. 02 had submitted their applications. That applicant no.01 Salta Dhritlahre was selected in the post. As per the story of prosecution the Complainant/ non-applicant no.02 subsequently came to know that the applicant no.01 had by impersonation and showing to be the wife of applicant no.03 succeed to get appointed on the post, though she was not the wife of applicant no.03 but by cheating, manipulating documents achieved the goal mainly on such grounds, complainant/ non- applicant no.02 had filed complaint along with an application is filed U/S 156(3) of Cr.P.C. The learned Court below after perusal of documents and materials available on record vide order dtd. 25/11/2014 directed to the police station Sahaspur- Lohara to register an FIR, investigate the matter and submit Prativedan/report. Being aggrived by the order dtd. 24/1/2014 passed by the Chief Judicial Magistrate Kabirdham,the present applicants had challenged aforesaid order dtd. 25/11/2014 before this Hon'ble Court in CR.M.P no. 1121/2014 Under Sec. 482 of Cr.P.C. and this allowed the interim application and stayed the effect and operation of the impugned order dtd. 24/11/2014 by order dtd. 16/01/2015. During the pendency of the petition, counsel of the petitioners/ present applicants Mr. Malay Kumar Bhaduri passed away. The present applicant were not aware of the fact of sad and unfortunate demise of their counsel. This Court had issued SPC to the present applicants which was served on them on 03/01/2021 and before they could take appropriate action to appoint a new counsel, the case was listed on 14/01/2021 before this Court. Since no one appeared on behalf of the petitioners / present applicants even after service of SPC, this Court dismissed the petition for want of prosecution.

(3.) The present applicants had filed petition under Sec. 482 of Cr.P.C. to restore the original petition Cr.M.P. 1124/2014 which was registered as Cr.M.P. 123/2021. This Court later allowed the aforesaid Cr.M.P. 123/2021 and restored Cr.M.P. 1124/2014 to its original number by its order dtd. 22/11/2021. It is pertinent to mention here that notice was served to complainant/ non-applicant no.02 in aforesaid petition but she was not represented by any counsel. After restoration of Cr.M.P. 1124/2014 and during pendency of the aforesaid petition, all of sudden, without any instruction or direction of this Court, incharge, police thana, Sahaspur Lohara, send a notice without mentioning any date on it and reference number, to applicants and directed them to produce the order sheets of case after dtd. 14/01/2022. It is pertinent to mention here this notice was received to applicants on 17/05/2023 after two years of the restotation of the Cr.M.P. 1124/2014 without any direction or instruction of this Court. Further, when the present applicants were went to the police station to submit order sheets of aforesaid Cr.M.P. 1124/2014, incharge, police thana refused to accept it and they were harassed and pressurized by the police to make compromise with the non-applicant no.02 and also make demand of money from present applicants money. It is pertinent to mention here that complainant/ non-applicant no.02 and applicant no.02 and 03 are resident of same village and from year 2011 when first time dispute arised between them, Complainant / non applicant no.02 has never made any complaint against the present applicants regarding harassment or pressuring her to enter into the compromise with applicants but only after interference by incharge thana, Sahaspur - Lohara, complainant / non-applicant no.02 has made false allegation against present applicants.