1 2025:CGHC:16410-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 154 of 2025 Thanaru Ram Sahu S/o Late Shri Kondaram Sahu Aged About 75 Years R/o Village-Kapsada, Thana-Dharsiva, Tahsil- Dharsiva, District- Raipur (C.G.), Through - Power Of Attorney Mahesh Kumar Sahu S/o Shri Thanaru Ram Sahu, Aged About 52 Years, R/o Village- Kapsada, Thana- Dharsiva, Tahsil- Dharsiva, District- Raipur (C.G.), ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home/ Police, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Superintendent Of Police District- Raipur (C.G.) 3 - Station Incharge Police Station - Dharsiva, District- Raipur (C.G.) 4 - Smt. Hiraundi Bai Sahu W/o Mahesh Sahu Aged About 72 Years Mob.- 7354131923, R/o Village- Kapsada, Thana And Tahsil- Dharsiva, District- Raipur (C.G.) 5 - Rajendra Sahu S/o Mahesh Sahu Aged About 42 Years Mob- 7354131923, R/o Village- Kapsada, Thana And Tahsil- Dharsiva, District- Raipur (C.G.) 6 - Narendra Sahu S/o Mahesh Sahu Aged About 45 Years Mob- 6261825661, R/o Village- Kapsada, Thana And Tahsil- Dharsiva, District- Raipur (C.G.) 7 - Vinod Kumar S/o Meharchand Aged About 38 Years Present Address - Through Hiraundi Bai Sahu, Bazar Chowk, Village- Kapsada, Thana And Tahsil- Dharsiva, District- Raipur (C.G.), Permanent Address BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.04.11 15:22:05 +0530 2 - Adhoya (M.), Adhoya Hindvan, 235, Ambala, Adhoya, Haryana - 133205, Adhar No.- 4249 2811 1469 8 - Brajesh Shukla Deputy Registrar, Registration Office, Collectorate Parisar, District- Raipur (C.G.) 9 - Pauras Vental Presently Nayab Tahsildar Dharsiva, District- Raipur (C.G.), Mob- 7987260094 10 - Phoolchand Sahu S/o Fekuram Sahu Aged About 54 Years R/o Village- Kapsada, Thana And Tahsil- Dharsiva, District- Raipur (C.G.), Presently Sarpanch, Village- Kapsada, Mob- 9977736375 11 - Nilesh Gutam Officer, Indus Towers Limited, H.-3, 4th Floor, Metro Tower, Vijay Nagar Chauraha, Indore (M.P.) 452010, Mob- 8085113439 ... Respondents For Petitioner : Thanaru Ram Sahu in person For Respondents No.1 to 3/State : Mr.S.S.Baghel, Deputy Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge Order On Board Per Ramesh Sinha, C.J. 8.4.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard petitioner Thanaru Ram Sahu in person as well as Mr.S.S.Baghel, learned Deputy Government Advocate appearing for respondents No.1 to 3/State. 3. By way of this writ petition, the petitioner has prayed for following reliefs:- 10.1 यह कि, यह माननीय न्यायालय उ्ቈरवादी मां-2 से 3 ो 3 ए रीट, आदेश या किनदश जारी रने ी ृ पा रें, ताकि याचि ाता! ी किनजी शिशायत पर, किनजी उ्ቈरवादी मां-4 से 11 े खि$लाफ न्यायकिहत में अपराध दज! किया जा से । 10.2 यह कि, यह माननीय न्यायालय उ्ቈरवादी मां-2 से 3 ो लखिलता ु मारी बनाम उ्ቈर ्ቚदेश राज्य एवं अन्य ( लखिलता ु मारी-iv और- v) े मामले में माननीय सव.्ሴ न्यायालय वारा किनधा!रिरत ानून े अनुसार, याचि ाता! ी शिशायत पर आवश्य दम उठाने ा आदेश देर ए उचि त रीट जारी रने ी ृ पा रे। 10.3 यह कि, यह माननीय न्यायालय मामले े तथ्यों एवं परिरस्थचितयों े अनुसार ोई अन्य राहत जो उचि त समझे, किदये जाने ी ृ पा होवे । 4. In compliance of the Court’s order dated 27.03.2025 the Director General of Police, Police Headquarters, Raipur has filed his personal affidavit which is reproduced hereinbelow:- “1. That, I am presently posted as Director General of Police, Police Headquarters, Chhattisgarh, and as such, I am fully conversant with the facts & circumstances of the case. 2. That, by order dated 27/03/2025, this Hon'ble Court had directed the Deponent to file his personal affidavit. The Deponent has been directed to call an explanation through the Superintendent of Police, Raipur as to why the police report, which was called by the Magistrate under Section 156(3) of Cr.P.C. on 30.09.2024 from the concerned Police Station has been delayed, why did the Investigating Officer sought the relevant information from Tehsildar and Registrar only on 30.01.2025 and has the Investigating Officer has subsequently sent any reminders to the concerned Tehsildar and Registrar or not. 4 3. It is respectfully submitted that, In Compliance of Hon'ble Court order dated 27/03/2025 directions were issued to the Senior Superintendent of Police, Raipur vide a letter no. PHQ/CID/Legal Cell-1/236/25 dated 28.03.2025 to send a disciplinary report through the Inspector General of Police, Raipur Range after taking an explanation from the concerned Investigating Officer and to take disciplinary action against the concerned officer's if found guilty after thoroughly investigating the aforesaid matter. This letter was also endorsed to the Inspector General, Raipur Range. A copy of the aforesaid letter is attached herewith as Annexure A/1. 4. That, based on the report from the SSP, Raipur, vide letter No. DIG/SSP/Raipur/Legal-1/G-284/2025 dated 02.04.2025, the Inspector General of Police, Raipur Range, has submitted a report vide letter No. IGP/Raipur/Reader/P/1755-A dated 02.04.2025 detailing the action pursuant to the letter from the deponent. A copy of the letters are attached herewith as Annexure A/2 and A/3 respectively. 5. That, in compliance with the Hon'ble Court's order dated 27.03.2025, the deponent most humbly submits that pursuant to letter no.PHQ/CID/Legal Cell- 1/236/25 dated 28.03.2025, the DIG-SSP Raipur took an official explanation from the SHO, Dharsiwa PS, and the Investigating Officer of the complaint. Additionally, the DIG-SSP, Raipur had directed the Additional Superintendent of Police (ASP), Raipur City to thoroughly investigate any lapses on part of the Investigating Officer vide letter no. DIG/SSP/Raipur/Legal-1/G-282/2025 dated 29.03.25. 5 A copy of the aforesaid letter is filed herewith as Annexure A/4. 6. The Deponent most humbly submits that as per the report submitted, the magistrate had issued orders to investigate the complaint of Thanaru Ram Sahu u/s 156 CrPC on 30.09.2024. The investigating officer was assigned the complaint case for investigation on 08.10.2024. After recording the statements of the complainant and all the defendants, the investigating officer had sent an official letter to the concerned Tehsildar and the Registrar Officer via the office of the SSP, Raipur on 30.01.2025. Subsequently, reminders were issued on 24.02.2025 and 25.03.2025 to solicit relevant information from the aforesaid offices. A complete report was submitted in the court of the JMFC Bharti Kuldeep on 02.04.2025 after receiving the necessary information from the offices of Tehsildar and registrar on 01.04.2025. Here, the SHO, Dharsiwa PS, and the concerned Investigating Officer were supposed to bring the said fact in knowledge of the senior officers when the required information was not received even after multiple reminders. Therefore, they have been issued an official censure (ninda) for the lapses on their part. Copy of the report is annexed herewith as Annexure A/5. 7. That, the deponent herein is conscious of the gravity of the order passed by this Hon'ble Court and respectfully submits that the deponent herein has immense respect for orders passed by this Hon'ble Court and he is bound to comply with the orders passed by this Hon'ble Court in its letter and spirit. 6 8. That, the contents of this affidavit have been drafted according to my instructions and the contents thereof are true and correct to the best of my knowledge and belief, based on the official records.” 5. Learned Deputy Government Advocate appearing for respondents No.1 to 3/State submits that action has been taken against erring officials who have not submitted the police report on the application filed by the petitioner under Section 156(3) CrPC, on which a police report was called by the Magistrate on 30.09.2024 and the same has been filed before the Magistrate on 2.4.2025. 6. In view of above, learned Magistrate is directed to pass appropriate orders after consideration of the police report submitted on the application of the petitioner. The petitioner is at liberty to take recourse to law if any cause of action arises in future. 7. With the aforesaid observation / direction, the writ petition finally stands disposed off. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Bablu