Manab Paul vs State Of Chhattisgarh
2021 Latest Caselaw 113 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                     Writ Petition (Cr.) No.288 of 2021

    Manab Paul and another Versus State of Chhattisgarh and others

   01

17/5/2021        Proceedings of this matter have been taken-up through video
            conferencing.

                 Mr.B.P.Sharma, counsel for the petitioners.

                 Mr.Animesh Tiwari, Dy.A.G. for respondents No.1 and 2/State.

The matter is listed for order on defaults.

Mr.B.P.Sharma, learned counsel for the petitioners, submits that default as pointed out by the office has been rectified and since the matter is urgent one, therefore, it be heard today itself.

Accepting the statement made on behalf of learned counsel for the petitioners, the matter is taken up for hearing on admission.

Mr.Sharma, learned counsel for the petitioners, would submit that the petitioners have been falsely implicated and taking the contents of FIR (Annexure P-1) as it is, no offence under Section 420/34 of the IPC is made out against them. He would further submit that the petitioners are running "Ideas INC Management Pvt. Ltd., Raipur", a company involved in providing security services to the public and also to the Guru Ghasidas University, Bilaspur, in which respondent No.4 was inducted as Director as he promised to privide financial assistance to the company as the company went in losses due to COVID-19 and the company could not pay salary and other allowances to their employees. However, respondent No.4 failed to provide finance to the said company and ultimately, he resigned from the post of Director and his resignation was accepted on 8.3.2021, yet at his instance, respondent No.3 has made false report to the police, which is only relating to non- deposit of amount of PF, as such, taking the contents of the FIR as it is, no offence under Section 420/34 of the IPC is made out against them in light of the judgment of the Supreme Court in the matter of State of Harayana v. Bhajan Lal reported in 1992 Supp (1) SCC 335 and FIR against the petitioners deserves to be quashed.

The writ petition being arguable is admitted for hearing.

Issue notice to the respondents as per rules. Notices be made returnable within 3 weeks.

Application for stay will be considered after service of notice to the respondents.

List immediately after the respondents are served.

Certified copy as per rules.

In view of above, application for urgent hearing and application for hearing during summer vacation stand disposed of.

Certified copy as per rules.

Sd/-

(Sanjay K. Agrawal) Vacation Judge

B/-