Chattisgarh High Court
Raju Dinkar vs State Of Chhattisgarh on 15 January, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2025:CGHC:2400-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 18 of 2025
1 - Raju Dinkar S/o Foolchand Aged About 34 Years R/o Village Sendri Of
P.S. Koni Tahsil And District - Bilaspur (C.G.)
2 - Smt. Janki Bai D/o Angad Aged About 53 Years R/o Village Sendri Of P.S.
Koni Tahsil And District - Bilaspur (C.G.)
3 - Smt. Heera Bai D/o Angad Aged About 49 Years R/o Village Sendri Of
P.S. Koni Tahsil And District -Bilaspur (C.G.)
... Petitioners
versus
1 - State Of Chhattisgarh Through Secretary Ministry Of Home Department
Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur District - Raipur
(C.G.)
2 - Superintendent Of Police Bilaspur District -Bilaspur (C.G,)
3 - Station House Officer Police Station Koni District - Bilaspur (C.G.)
4 - Ajit Singh S/o Rajkumar Aged About 37 Years R/o House No. 6/80 Ward
No. 46 Kapil Nagar Near Sahu Kirana Stores New Sarkanda Tahsil And
District - Bilaspur (C.G.)
5 - Shreshth Pathak S/o Mithlesh Pathak Aged About 41 Years R/o New
Digitally
signed by
VEDPRAKASH
Sarkanda Tahsil And District - Bilaspur (C.G.)
DEWANGAN
2/3
6 - Abhinaw Pathak S/o Mithilesh Pathak R/o Naya Sarkanda Tahsil And
District -Bilaspur (C.G.)
7 - Sanjay Shrivas S/o Gorelal Aged About 30 Years R/o Near Ram Mandir
Tilak Nagar Bilaspur Tahsil And District -Bilaspur (C.G.)
8 - Bahadur Sijngh S/o Ramfal Singh Aged About 24 Years R/o Near Durga
Mandir Tilak Nagar Bilaspur Tahsil And District - Bilaspur (C.G.)
... Respondents
(Cause title taken from Case Information System)
For Petitioners : Mr. N.K. Chhatterjee, Advocate
For Respondents/State : Mr. Sangharsh Pandey, Govt. Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, C.J.
15/01/2025
1. The present writ petition has been filed by the petitioners with the
following prayers:
"(i) That, this Hon'ble Court may please call for the
entire record pertaining to the case of the Petitioner in
the interest of justice.
(ii) That this Hon'ble Court may further pleased to
direct SHO Koni, Distt. Bilaspur to investigate and
enquire it the matter and to file the charge sheet
against Respondent No. 4 to 8 and to direct the
concerned magistrate to expedite the matter and after
the completion of the trial, directing the trial
magistrate to dispose of the trial in the period of six
months from the date the filing of the charge sheet, in
the interest of justice.
(iii) Any other relief, which this Hon'ble Court deems
fit and proper in the facts and circumstances of the
case."
2. Learned counsel for the petitioners submits that despite several
complaints have been made no action has been taken by the State
respondents.
3. We have perused the prayers and pleadings made in the writ petition.
4. Learned State counsel, on the other hand, has submitted that the
grievance of the petitioners can be very well redressed before the
Court below by filing an application under Section 156 (3) or under
Section 200 of the Cr.P.C. (now, under Section 175(3) or under
Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023). He further
submits that the controversy involved in the present matter has
already been decided by the High Court of Allahabad in Misc.
Bench No. 24492 of 2020 : Waseem Haider Vs. State of U.P.
Through Principal Secretary, Home Others vide judgment and order
dated 14.12.2020 as well as by this Court in WPCR No.333 of 2020
(Akhilesh Agrawal v. State of Chhattisgarh & Others) decided on
12.04.2023, dismissing the said petition, hence, the present petition be
also dismissed in terms of the said order.
5. Accordingly, the present writ petition is dismissed with liberty to the
petitioners to avail the appropriate remedy before appropriate Forum.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
ved
