Chattisgarh High Court
Narendra Kumar Surana vs State Of Chhattisgarh on 19 July, 2023
Bench: Ramesh Sinha, Rajani Dubey
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 299 of 2020
1. Narendra Kumar Surana, S/o Late Shri Sohanlalsurana,
Aged About 59 Years, R/o House No. 15/b, Bhairav Society
Pachpedi Naka, Raipur , District Raipur Chhattisgarh.,
District : Raipur, Chhattisgarh
2. Manohar Lal Surana, S/o Late Shri Sohanlal Surana, Aged
About 57 Years, R/o House No. 16/b, Bhairav Society,
Pachpedi Naka, Raipur District Raipur Chhattisgarh., District
: Raipur, Chhattisgarh
---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary, Department Of
Home Affairs Mahanadi Bhawan, Atal Nagar, Raipur ,
District Raipur , Chhattisgarh.
2. Director General Of Police Police Head Quarters, Near
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh.
3. Inspector General Of Police Office Of Inspector General Of
Police , Raipur Range, Raipur, District Raipur Chhattisgarh.
4. Superintendent Of Police Office Of Superintendent Of
Police, Raipur, District Raipur Chhattisgarh.
5. Station House Officer Police Station Tikrapara, Raipur,
District Raipur, Chhattisgarh.
6. Station House Officer, Police Station Mana, Raipur, District
Raipur Chhattisgarh.
7. Station House Officer Police Station Civil Lines, Raipur,
District Raipur Chhattisgarh.
8. Anti Corruption Bureau Raipur, Through Its Superintendent
Of Police G.E. Road, Near Teli Bandha, Raipur,
Chhattisgarh.,
9. Economics Offences Wing, Raipur Through Its
Superintendent Of Police , G.E. Road, Near Teli Bandha ,
Raipur , Chhattisgarh.
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10. National Highways Authority Of India Through Its Project
Director, National Highways Authority Of India, Shankar
Nagar, Raipur , Chhattisgarh.
11. Sub Divisional Officer (Revenue) Raipur, District Raipur,
Chhattisgarh.
12. Prasanna Kumar Surana S/o Late Shri Champalal Surana
Aged About 57 Years R/o House No. 24, Ashoka Platinum,
Ashoka Ratan, Khamhardih, Raipur , Chhattisgarh.
13. Shreyansh Surana alias Montu S/o Shri Prasanna Kumar
Surana Aged About 33 Years R/o House No. 24, Ashoka
Platimun, Ashoka Ratan, Khamhardih, Raipur Chhattisgarh.,
14. Abhishek Surana S/o Shri Prasanna Kumar Surana Aged
About 31 Years R/o House No. 24, Ashoka Platinum,
Ashoka Ratan, Khamhardih, Raipur , Chhattisgarh.
15. Ashok Kumar Surana S/o Late Shri Champalal Surana Aged
About 70 Years R/o A-30, Sector-1, Besides Water Tank,
Shankar Nagar, Raipur, Chhattisgarh.
16. Vardhman Surana S/o Late Shri Champalal Surana Aged
About 62 Years R/o Halwai Line, Sadar Bazar, Raipur
Chhattisgarh.
17. Sushil Surana S/o Late Shri Champalal Surana Aged About
53 Years R/o Anupam Nagar, Raipur , Chhattisgarh.
18. Vikram Talreja S/o Shri Ishwar Talreja Aged About 31 Years
Occupation Chartered Accountant, R/o House No. C- 124,
Sector 5, Tagore Nagar, Raipur, Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System) For Petitioners : Mr. R.S. Marhas, Advocate For State./Res.No.1 to 9 : Mr. Gurudev I. Sharan, Govt.
& 11 Advocate Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Smt. Justice Rajani Dubey Order on Board Per Ramesh Sinha, Chief Justice -3- 19.07.2023 Heard Mr. R.S. Marhas, learned counsel for the petitioners. Also heard Mr. Gurudev I. Sharan, learned Govt. Advocate for the State/respondent Nos. 1 to 9 & 11.
2. The present writ petition has been filed by the petitioners with the following prayers:-
"10.1. Call for entire records from the respondents for its kind perusal.
10.2 Issue appropriate directions for investigation into the allegations made against the private respondents by an independent agency which is not prone to be influenced by any external unscrupulous interference or to direct holding of the investigation by an agency under the supervision of this Hon'ble Court. 10.3 This Hon'ble Court be pleased to quash the order dated 30.09.2019 (Annexure P-19) and further direct the learned Judicial Magistrate First Class, Raipur to look into the matter and to pass appropriate orders in accordance with law."
10.4 Issue appropriate directions(s) to the Respondent Police authorities to conduct a proper and fair investigation into the allegations made by the petitioners as the same constitute serious offences that are cognizable offences. 10.5 Issue appropriate writ(s)/direction(s)/order(s) to respondents to take strict actions against all those officers who are responsible for non compliance of the directions issued by the Hon'ble Supreme Court as well as this Hon'ble Court.
10.6 Issue appropriate direction to the respondent authorities to suitably compensate the petitioners for making them run from pillar to post.
10.7 In the facts and under the circumstances of the case, this Hon'ble Court be further pleased to pass any other order/orders, -4- direction/directions in view of the facts and circumstances of the case, in favour of the petitioners against respondents."
3. Brief facts of the case, as projected by the petitioners, are that the petitioners are in peaceful possession of the land bearing Khasra No.590/3 and 595/3 admeasuring 0.10 acre and 2.00 acre respectively situated at Telibandha, patwari Circle No.113, Raipur, District Raipur since 1997. That, for widening National Highway No.6 (Sambalpur - Raipur Section) the land at Telibandha bearing Kh. No.595/3 was acquired and on 10.10.2008, Sub-Divisional Officer (Revenue) - cum- Land Acquisition Officer passed the award showing that the amount of compensation has been paid to the petitioners but the the petitioners did not receive single penny out of that compensation and the private respondents in connivance with CA Vikram Talreja opened a bank account in Lakshmi Vilas Bank, Triplicane Branch, Chennai in the name of petitioner No.1 impersonating Narendra Kumar Surana (Petitioner No.2) and from that account huge sum transferred to the account of Abhishek Surana (R-14) and Shreyansh Surana (R-13). The fake account was also used by private respondent accused persons to illegally obtain amount of compensation from NHAI. On 11.09.2017, the petitioners moved a complaint at Police Station - Civil Lines, Raipur against private -5- respondents but the police authorities informed petitioner No.2 that the complaint made by him disclosed a non- cognizable offence and accordingly a notice under Section 155 of Cr.P.C. was served upon him. Thereafter, on 22.08.2018, Prasanna Kumar Surana (R-12), made a complaint at Police Station Purani Basti, Raipur, against the petitioners alleging that they have created forged letter of Consent and got their name recorded in revenue record. Thereafter, on 10.12.2018, the petitioners preferred an application under Section 156(3) of the Cr.P.C. before the Judicial Magistrate First Class, Raipur, seeking direction to register an FIR against Prasanna Kumar Surana (R-12), which, after due investigation, was dismissed on 30.09.2019. The petitioners also moved from pillar to post to lodge FIR against the private respondents but no action has been taken despite there being incriminating evidence of forgery against private respondents. Hence, this petition.
4. Learned counsel for the petitioners submits that the petitioners, who are in peaceful possession of the land bearing Khasra No.595/3 situated at Telibandha, was acquired by the NHAI for widening of National Highway and though the compensation was shown to be awarded to the petitioners, they have not received it and the private respondents by playing fraud obtained the entire -6- compensation by opening fake bank account in the name of petitioners. Learned counsel further submits that there is documentary evidence in this regard showing complicity of private respondents, hence, the petitioners have come up with a prayer to quash the order dated 30.09.2019 (Annexure P-19) and the private respondents be arrayed as an accused.
5. Considering the submissions advanced by the learned counsel for the parties and having perused the prayers and pleadings along with the annexures, we do not find any good ground to entertain this petition.
6. Accordingly, the present writ petition is dismissed with a liberty to the petitioners to file an application under Section 319 of Cr.P.C. before the Court below concerned for redressal of their grievance.
Sd/- Sd/-
(Rajani Dubey) (Ramesh Sinha)
Judge Chief Justice
PKD