[Cites 6, Cited by 0]
Chattisgarh High Court
Deepak Kumar vs State Of Chhattisgarh on 1 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:14996-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 174 of 2026
Deepak Kumar S/o Late Lekhachandra Gupta Aged About 26 Years R/o Village
Jatga, Post - Jatga, Tahsil - Podi - Uproda, District Korba Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Secretary, Department Of Home, Mantralaya,
Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh
2 - Director General Of Police Police Headquarters, Raipur, District Raipur
Chhattisgarh
3 - Superintendent Of Police Bilaspur, District Bilaspur Chhattisgarh
4 - Station House Officer Tarbahar, District Bilaspur Chhattisgarh
5 - Rishi Patel S/o Diwakar Patel Aged About 28 Years R/o Near Gaiyatri
Mandir, Vinobha Nagar, Police Station Tarbahar, District Bilaspur Chhattisgarh
---- Respondents
(Cause title taken from Case Information System)
For Petitioner : Mr. Bharat Lal Sahu, Advocate
For Respondents/State : Mr. Priyank Rathi, Govt. Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
VED
PRAKASH
DEWANGAN Per Ramesh Sinha, C.J.
01/04/2026
19:39:31 +0530 1. The present writ petition has been filed under Article 226 of the
Constitution of India by the petitioner seeking appropriate directions to
the respondent authorities to register a First Information Report against
respondent No. 5 on the basis of the complaint submitted by him,
alleging commission of cognizable offences including criminal
intimidation and mischief causing damage to property, and further
alleging inaction and failure on the part of respondent Nos. 1 to 4 in
discharging their statutory duty.
2. The present writ petition has been filed by the petitioner with the
following prayers:
"10.1 This Hon'ble Court may kindly be pleased to
directed the respondent no. 3 and 4 to call relevant
records, pertaining to the instant matter.
10.2 This Hon'ble Court may kindly be pleased to
Issue a writ of Mandamus or any other appropriate
writ or direction, directing the Respondents No. 3
and 4 to forthwith register an FIR against
Respondents No. 5 under appropriate sections of
B.N.S. and to conduct a fair and proper
investigation in accordance with law;
10.3 This Hon'ble Court may kindly be pleased to
Direct the respondent authorities to provide
adequate police protection to the petitioner to
ensure his safety and security from the threats
extended by Respondent No. 5 and his associates.
10.4 Any other relief, which this Hon'ble Court
deems, fit in the facts and circumstances may also
be granted in favor of the petitioner."
3. Learned counsel for the petitioner would submit that despite the
petitioner having approached the concerned Police Station as well as
the Superintendent of Police with a specific complaint disclosing
commission of cognizable offences, the respondent authorities have
failed to discharge their statutory obligation of registering an FIR, which
action is wholly arbitrary, illegal and contrary to the settled principles of
law. It is further submitted that respondent No. 5 has not only caused
damage to the petitioner's property but has also extended repeated
threats to his life, thereby creating a situation of constant fear and
compelling the petitioner to leave Bilaspur and return to his native place.
Learned counsel would contend that such inaction on the part of
respondent Nos. 3 and 4 violates the petitioner's fundamental rights
guaranteed under Article 21 of the Constitution of India, and therefore,
this Hon'ble Court may be pleased to call for the relevant records, issue
a writ of mandamus directing registration of FIR against respondent No.
5 under appropriate provisions of law and to ensure a fair investigation,
as well as grant police protection to the petitioner for safeguarding his
life and liberty.
4. Learned State counsel, on the other hand, has submitted that the
grievance of the petitioner 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
