Yogesh Dwivedi vs State Of Chhattisgarh

Heard Mr. Devershi Thakur, learned counsel for the petitioner in WPCR No. 871/2022, Ms. Fouzia Mirza, learned Senior Advocate assisted by Ms. Smita Jha, learned counsel, appearing for the petitioner in CRMP No. 785/2023. Also heard Ms. Madhunisha Singh, learned counsel, appearing for the State/respondent No.1 to 4 and Mr. Sanjay Agrawal, learned counsel, appearing for respondent No.5.

WPCR No. 871/2022 has been filed by the petitioner with the following prayers:

“10.1. That, petitioner most respectfully prayed that this Hon’ble Court may kindly be pleased to pass suitable direction / writ to the respondents for appointing an independent agency & direct to conduct an investigation in the case of the petitioner.

10.2. The petitioner, prays seeks a direction by issuance of writ in the nature of mandamus to call for the records in Cr. No. 212 of 2022 from P.S. Chakarbhata, Dis.: Bilaspur (C.G.).

10.3. The, petitioner most respectfully prayed that this Hon’ble Court may kindly be pleased to pass suitable direction/writ to direct the respondent authorities to proceed against the private respondents per law specifically resp. no. 5 to 7.

10.4. The, petitioner most respectfully prayed that this Hon’ble Court may kindly be pleased to pass suitable direction/writ to the enquiry be monitored by this Hon’ble Court.

10.5. Any other relief or reliefs that may be deemed fit and proper in the facts and circumstances of the case may kindly be granted also.”

Cr.M.P. No. 785 of 2023 has been filed by the petitioner under Section 482 of the Cr.P.C. for quashment of FIR bearing Crime No. 212/2022 registered at Police Station – Chakarbhatha, District Bilaspur for the offence under Section 21 of NDPS Act and the entire criminal proceedings arising therefrom against the petitioner.

Mr. Devershi Thakur, learned counsel for the petitioner in WPCR No. 871/2022 submits that the police team of P.S. Chakarbhata on 19.06.2022 at 5:15 hours in the morning had seized 04 grams of MDMA from the petitioner Yogesh Dwivedi, when he was standing nearby the Hanuman Statute near Kali Dhaba, Raipur Road, Bilaspur is absolutely in-correct. He further submits that the petitioner was the best possible witness of the case, but had been falsely implicated and victimized by the hand of his employer i.e. respondent No.5, who used his influence roping his servant in the crime carried out by him. He also submits that the petitioner was present with his employer Ankit Agrawal and his friends which can also be confirmed from the CCTV footages of Kali Dhaba, which is a primary piece of evidence, but is not being acted upon. The call details would also reveal the actual incident & the same would be confirming the averments of complaint made by petitioner’s family.

Ms. Fouzia Mirza, learned Senior Advocate appearing for the petitioner in CRMP No. 785 of 2023 submits that the petitioner - Ankit Agrawal has been falsely implicated in the crime in question only on the basis of call detail record and the statement of account of the petitioner after two months of the incident. She further submits that the petitioner was implicated in the crime only on the basis of information of the co-accused person namely Yogesh Dwivedi who has alleged to have stated to the concern police that he has received the MDMA from the present petitioner – Ankit Agrawal without there being any memorandum or the statement of the co-accused though nothing has been seized from the exclusive possession of the petitioner.

Ms. Madhunisha Singh, learned Deputy Advocate General, appearing for the State submits that charge-sheet has already been filed against both the petitioners and the case was fixed for framing of charge on 17.08.2023 and also there is no interim order in these cases.

We have heard learned counsel for the parties and perused the materials available on record.

As per the case of prosecution, on 20.06.2022 a secret information was received from informant to the concerned police station Chakarbhatha that one unknown person is trying to sell psychotropic substance namely MDMA illegally near Hanuman Petrol Pump, Raipur main road. On the basis of the information received, a raid was conducted at the place of incident, wherefrom one Yogesh Dwivedi @ Ram was found with psychotropic substance namely MDMA in his pocket i.e. total 4 gm of MDMA worth Rs. 20,000/-. During the course of investigation it was informed by Yogesh Dwivedi, wherein he has stated that he had received the said psychotropic substance MDMA from the petitioner in CRMP No. 785/2023 – Ankit Agrawal. The call details and the statement of account of Ankit Agrawal were enquired and he was found to be involved in the matter. On the basis of above mentioned facts and circumstances, Ankit Agrawal was given notice and he was summoned and after his arrest, his vehicle No. CG10AP6111 was also seized. After completion of investigation, charge-sheet has been filed against both of them.

It is trite law that at the stage of quashing, only the material of the prosecution has to be seen and the Court cannot delve into the defence of the accused and then proceed to examine the matter on its merit by weighing the evidence so produced. The disputed questions of facts in the case cannot be adjudged and adjudicated at this stage while exercising powers under Section 482 Cr.P.C. and only the prima facie prosecution case has to be looked into as it is. Evidence needs to be led to substantiate the defense of the accused.

In view of the aforesaid facts and circumstance of the case, particularly the fact that the case was fixed for framing of charge on 17.08.2023 and also there is no interim order in these cases, this Court do not find any ground to quash the charge-sheet and the summoning order.

Accordingly, both CRMP No. 785/2023 application under Section 482 Cr.P.C. for quashing the FIR and WPCR No. 871/2022 are dismissed.