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2025 DAILYLAW 10576 (CHH)

SABA KHAN (IN PERSON ) v. STATE OF CHHATTISGARH

WPCR/135/2025 · 2025-03-12

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:12293-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 135 of 2025 1 - Saba Khan (In Person ) D/o Lt. Abdul Alim Khan Aged About 36 Years R/o. Housing Board Colony, Lig-41, District Baloda Bazar-Bhatapara (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Inspector General Of Police Raipur, District Raipur (C.G.) 3 - Superintendent Of Police District Balodabazar Bhatapara (C.G.) 4 - Station House Officer Police Station City-Kotwali, District Balodabazar Bhatapara (C.G.) 5 - Station House Officer Police Station Baloda, District Balodabazar Bhatapara (C.G.) 6 - Mohd. Shariq Khan President, State Bar Council, Balodabazar, District Balodabazar-Bhatapara (C.G) ... Respondent(s) For Petitioner(s) : Ms. Saba Khan (In Person) For Respondent(s) : Mr. Sangharsh Pandey, Govt. Advocate. 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 12/03/2025 1. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent police authority to take cognizance on the complaint made by the petitioner and to take appropriate action in accordance with law, in the larger interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent police authority register First Information Report against the respondent No.5 and to file the charge sheet against him. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 2. Learned counsel for the petitioner 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 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 3 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 petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.03.12 18:17:52 +0530