Naresh Kumar Sahu vs State Of Chhattisgarh
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Chattisgarh High Court

Naresh Kumar Sahu vs State Of Chhattisgarh on 16 March, 2026

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                             HIGH COURT OF CHHATTISGARH AT BILASPUR


                                             WPCR No. 4 of 2026

                                        Naresh Kumar Sahu & Others
                                                    versus
                                        State of Chhattisgarh & Others

                                                 Order Sheet


                       16/03/2026        Heard Mr. Sameer Rigri, learned counsel for

                                    the petitioners. Also heard Mr. Praveen Das, learned

                                    Additional Advocate General, appearing for the

                                    State/respondents.

Learned Additional Advocate General submits

that this Court, vide order dated 03.02.2026, had

directed the Director General of Police, Chhattisgarh

to file his personal affidavit. In compliance thereof,

Director General of Police has filed his personal Digitally signed by BRIJMOHAN BRIJMOHAN MORLE affidavit on 13.03.2026.

MORLE     Date:
          2026.03.16
          17:55:46
          +0530

The relevant portion of the aforesaid affidavit

reads as under:

"3. That it is respectfully submitted that during the course of proceedings before this Hon'ble Court, certain concerns were expressed regarding the alleged lapses on the part of the police authorities in handling the complaint and investigation in the aforesaid case. In view of the same, the matter was examined at the departmental level and a preliminary enquiry was ordered to ascertain whether there had been any negligence or dereliction of duty on the part of the concerned police officials.

4. That in compliance thereof, a preliminary enquiry was conducted by the competent authority, namely, the City Superintendent of Police, Naya Raipur, wherein the records of Crime No. 221 of 2025 and the actions taken by the concerned police officials were examined in detail. A true copy of the preliminary enquiry

report dated 26.02.2026 is annexed herewith and marked as Annexure A/1.

5. That the said preliminary enquiry revealed that there had been negligence and dereliction of duty on the part of the following officials:

1. Inspector Sidheshwar Pratap Singh, then Station House Officer, Police Station Abhanpur (presently posted as SHO, Police Station Mujgahan); and

2. Sub-Inspector Narsingh Sahu, Police Station Abhanpur.

6. That initially on the basis of the enquiry report, the Senior Superintendent of Police, Raipur had imposed the punishment of "Censure"

upon the aforesaid officials vide order dated 16.01.2026.

7. That thereafter the matter was further examined at the higher level and upon consideration of the

seriousness of the lapse, the Inspector General of Police, Raipur Range found that the punishment imposed was inadequate.

Accordingly, the order of censure was sent aside and approval was granted for initiation of a full-fledged joint departmental enquiry against the said officials. Copy of the order dated 08.03.2026 passed by the Inspector General of Police, Raipur Range is annexed herewith and marked as Annexure A/2.

8. That in pursuance of the aforesaid approval, the Superintendent of Police, Raipur (Rural) has issued a departmental charge-sheet (vkjksi i=) dated 09.03.2026 against the concerned officials under the provisions of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. Copy of the departmental charge-sheet dated 09.03.2026 is annexed herewith and marked as Annexure A/3. It is worth mentioning here that, the charge- sheet has already been served to the

concerned delinquent employees.

9. That the departmental proceedings against the aforesaid officials have thus been formally initiated and the same shall be conducted strictly in accordance with law.

10. It is further respectfully submitted that in order to ensure effective prevention and control of incidents involving mob violence, mob lynching and unlawful assemblies, the Police Headquarter, Chhattisgarh has already issued detailed directions to all field units. In this regard, Police Headquarter, Chhattisgarh, Sector-19, Atal Nagar, Naya Raipur, vide communication No. PHQ/Legal Branch-1/150/26 dated 20.02.206, has reiterated and circulated instructions to all Range Inspectors General, Police Commissioner and Superintendents of Police across the State of ensure strict compliance with the guidelines issued for prevention and control of mob lynching and violent mobs. The said

communication reiterates earlier directions issued vide Police Headquarter letter dated 30.07.2018, which were issued in compliance with the directions of the Hon'ble Supreme Court in Tehseen S. Poonawalla vs. Union of India, and mandates strict adherence to such guidelines by all district police authorities. Copy of the said communication dated 20.02.2026 is annexed herewith and marked as Annexure A/4.

11. That it is further respectfully submitted that in order to prevent recurrence of incidents involving mob violence, mob lynching, public humiliation of accused persons and unlawful assemblies, detailed Standard Operating Procedure (SOPs) have already been circulated to all police units across the State in compliance with the directions issued by the Hon'ble Supreme Court in Tehseen S. Poonawalla vs. Union of India.

12. That strict instructions have also

been issued to all district police authorities to ensure:

• prompt registration of FIR in cases disclosing cognizable offences,

• adherence to the procedure established by law during investigation, and

• effective preventive measures to avoid incidents of mob violence or public humiliation.

13. That the State Police authorities remain committed to ensuring strict compliance with the orders and directions of this Hon'ble Court and necessary corrective as well as disciplinary measures have already been initiated in the present matter."

From perusal of the affidavit, it transpires that

on the basis of the enquiry report, the Senior

Superintendent of Police, Raipur imposed the

punishment of "Censure" upon the aforesaid officials

vide order dated 16.01.2026. Thereafter, the matter

was examined at a higher level and the Inspector

General of Police, Raipur Range, considering the

seriousness of the lapse, found the punishment to be

inadequate and accordingly set aside the said order

of censure. Approval was thereafter granted for

initiation of a full-fledged joint departmental enquiry

against the said officials.

Pursuant to the said approval, the

Superintendent of Police, Raipur (Rural) issued a

departmental charge-sheet dated 09.03.2026

against the concerned officials under the provisions

of the Chhattisgarh Civil Services (Classification,

Control and Appeal) Rules, 1966. The charge-sheet

has already been served upon the delinquent

officials and departmental proceedings have been

formally initiated.

It has further been stated in the affidavit that in

order to prevent incidents of mob violence, mob

lynching and unlawful assemblies, the Police

Headquarters, Chhattisgarh has issued directions to

all field units reiterating earlier instructions issued in

compliance with the judgment of the Hon'ble

Supreme Court in Tehseen S. Poonawalla vs.

Union of India. Detailed Standard Operating

Procedures (SOPs) have also been circulated to

ensure prompt registration of FIRs in cognizable

offences, proper investigation and effective

preventive measures.

Learned counsel for the petitioners submits

that the present petition has been filed challenging

the illegal and arbitrary actions of the respondent

police authorities in not conducting a proper

investigation in the matter. It is contended that

despite directions issued by the learned Judicial

Magistrate First Class, Raipur, the respondent

authorities failed to conduct a fair and proper

investigation in connection with Crime No.221 of

2025 registered at Police Station Abhanpur, District

Raipur (C.G.).

It is further submitted that the petitioners were

subjected to serious harassment and humiliation by

a mob of villagers on the allegation of practicing

black magic/witchcraft. According to the petitioners,

the accused persons along with other villagers

assaulted the petitioners, damaged their vehicle,

robbed a gold chain and publicly humiliated them by

blackening their faces and parading them throughout

the village. It is also alleged that the police

authorities were present at the spot but failed to take

appropriate action to prevent the occurrence.

Learned counsel for the petitioners further

contended that though a charge-sheet has been filed

before the learned Judicial Magistrate First Class,

Raipur, several offences which are prima facie

attracted from the material available on record have

not been incorporated by the investigating agency. It

is submitted that the investigating authorities have

only registered bailable offences and omitted more

serious offences.

According to the petitioners, the offences

under Section 309(6) and Section 111(3) of the

Bharatiya Nyaya Sanhita, 2023 (for short, "BNS"), as

well as Sections 4 and 5 of the Chhattisgarh Tonahi

Pratadna Nivaran Adhiniyam, 2005, are clearly

attracted from the allegations made in the complaint

and the material available on record and, therefore,

ought to have been added by the investigating

agency in the FIR as well as in the charge-sheet.

It is also contended that despite observations

made by the learned JMFC in orders dated

16.06.2025 and 30.07.2025, the investigating

agency has failed to incorporate the aforesaid

offences.

Having considered the submissions advanced

by learned counsel for the parties and upon perusal

of the record, it appears that the FIR has already

been registered and the investigation has culminated

in filing of a charge-sheet before the competent trial

Court.

It is well settled that if the complainant is

aggrieved by the manner of investigation or by non-

inclusion of certain offences in the charge-sheet, it is

open for the complainant to place relevant material

and evidence before the learned trial Court. The

learned trial Court, upon consideration of such

material, is competent to take cognizance of

additional offences or to pass appropriate orders in

accordance with law.

The petitioners shall be at liberty to raise all

their grievances before the learned trial Court and to

place appropriate material in support of their

contention that offences under Section 309(6) and

Section 111(3) of the BNS and Sections 4 and 5 of

the Chhattisgarh Tonahi Pratadna Nivaran

Adhiniyam, 2005 are made out against the accused

persons. The learned trial Court shall consider the

same and pass appropriate orders in accordance

with law. The grievance of the petitioner has been

adjudicated upon by this Court hence, the counsel

for the petitioner is not required to be present on the

next date fixed before this Court as the Court has

kept pending for limited purpose.

However, considering the serious nature of the

allegations regarding public humiliation, mob

violence and the alleged lapses on the part of the

police officials, this Court deems it appropriate to

keep the matter pending with regard to the conduct

of the concerned police officers.

The Director General of Police, Chhattisgarh,

shall place on record the outcome of the

departmental enquiry initiated against the aforesaid

delinquent officers by filing a fresh affidavit.

List the matter before this Court on 28.04.2026

for consideration of the affidavit to be filed by the

Director General of Police, Chhattisgarh.

                       Sd/-                             Sd/-
            (Ravindra Kumar Agrawal)               (Ramesh Sinha)
                     Judge                          Chief Justice

Brijmohan