1 2025:CGHC:4219 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1100 of 2019 Sahni Ram Patel S/o Shri Laxman Singh Aged About 61 Years Caste Aghariya, R/o Village - Sapos, Police Station - Dhabra, District - Janjgir - Champa Chhattisgarh. Mob. No. 9755983237, District : Janjgir- Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Home, Mantralaya, New Raipur, P.S. Rakhi, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. The Director General Of Police Police Head Quarters, Sector -19, Naya Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. The Collector Janjgir-Champa, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 4. The S.D.O. Janjgir-Champa, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 5. Bahadul Patel S/o Shri Jyoti Lal Patel Presently Posted As President, Aghariya Samaj Chandarpur, District - Janjgir-Champa, R/o Village - Kusumjhar, Police Station Dhabra, Tahsil Dhabra, District - Janjgir- Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 6. Purushottam Singh Patel S/o Ajitram Aged About 39 Years Caste - Aghariya, Presently Posted As Chief Advisor, Aghariya Samaj Chandarpur, R/o Village Sapos, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 7. Bhojram Patel S/o Shivlal Patel Aged About 66 Years Caste - Aghariya, R/o Village Sapos, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 8. Dular Singh Patel S/o Bhikhari Patel Aged About 66 Years Caste - Aghariya, Chandarpur, R/o Village Domanpur, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 9. Suresh Patel S/o Dilchand Ptel Aged About 53 Years Caste - Aghariya, Presently Posted As Secretary, Aghariya Samaj Chandarpur, R/o Village Amalidih, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 10. Basant Patel S/o Hinglaj Patel Aged About 52 Years Caste - Aghariya, Presently Posted As Additional Secretary, Aghariya Samaj Chandarpur, R/o Village Govindpur, Police Station - Dhabra, District - Janjgir- Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 11. Ganeshram Patel S/o Bhaman Patel Aged About 83 Years Caste - Aghariya, R/o Village Amalidih, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 12. Komal Patel S/o Tilakram Patel Aged About 71 Years Caste - Aghariya, R/o Village Kotmi, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 13. Balbhusan Patel S/o Tarachand Patel Aged About 56 Years Caste - Aghariya, R/o Village Kotmi, Police Station - Dhabra, District - Janjgir- Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 14. Khushilal Patel S/o Mayaram Patel Aged About 62 Years Caste - Aghariya, Presently Posted As Treasurer Aghariya Samaj Chandarpur, R/o Village Rambhata, Police Station - Dhabra, District - Janjgir- Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 15. Janmjay Patel S/o Buddhuram Patel Aged About 65 Years Caste - Aghariya, R/o Village Domanpur, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 16. Jahru Patel S/o Bhagatram Patel Aged About 70 Years Caste - Aghariya, R/o Village Domanpur, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 17. Indal Patel S/o Buddhuram Patel Aged About 60 Years Caste - Aghariya, R/o Village Domanpur, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 3 18. Nankibabu Patel S/o Nohar Patel Aged About 60 Years Caste - Aghariya, R/o Village Domanpur, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 19. Mithailal Patel S/o Shrichand Patel Aged About 65 Years Caste - Aghariya, R/o Village Domanpur, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 20. Shivlal Patel S/o Shrichand Patel Aged About 66 Years Caste - Aghariya, R/o Village Domanpur, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 21. Shukhlamber Patel S/o Dhunuram Patel Aged About 50 Years Caste - Aghariya, R/o Village Sapos, Police Station - Dhabra, District - Janjgir- Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 22. Pitamber Patel S/o Gopal Patel Aged About 48 Years Caste - Aghariya, R/o Village Sapos, Police Station - Dhabra, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 23. Dev Kumar Patel S/o Sohit Patel Aged About 45 Years R/o Village Domanpur, District - Janjgir-Champa Chhattisgarh., District : Janjgir- Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr Gaurav Singhal, Advocate For State : Mr. Vedant Shadangi, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 23/01/2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to direct the answering respondent(s) to take appropriate preventive, remedial and punitive measure to curb the malpractices of respondent society such as social ostracism/boycott of persons and imposition of pecuniary fines. 10.2 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents to produce all the records related with the case of the petitioner for just and proper decision of the case. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent State to initiate adequate steps in order to 4 ensure immediate compliance of the guidelines issued by the Hon'ble Supreme Court in the case of Shakti Vahini v. Union of India and Others (supra). 10.4 That, this Hon'ble Court may kindly be pleased to direct the answering respondents to take appropriate action under the requisite law against erring office bearers of the Society i.e. all private respondents under the aegis of whom the society is functioning akin to a KattaPanchayat(s)/Extra Judicial Court(s)/Khap Panchayat(s)/Kangaroo Court(s) 10.5 That, this Hon'ble Court may kindly be pleased to direct the answering respondents to take appropriate action under the requisite law against erring officers of the respondent state who have failed to curb the malpractices of the registered society in spite of the same being brought to their knowledge. 10.6 That this Hon'ble Court may kindly be pleased to direct all the private respondents to utilizes funds for the promotion of the society and its objects and not for facilitating social evil/malpractice of social ostracism. 10.7 That this Hon'ble Court may kindly be pleased to quash the Order Annexure P/1, passed by al the private answering respondents. 10.8 That this Hon'ble Court may kindly be pleased to Shut Down the unregisfered society namely as Aghariya Jaati Samaj, Chandarpur Champa(C.G.)" Division, District- Janjgir- 10.9 That, any other relief(s)/order(s) which may deem fit and just in the facts and circumstances of the case. 2) Learned counsel for the petitioner submits that petitioner is a lifetime member of an unregistered society, namely, Aghariya Samaj. He further submits that in the year 2018, a meeting was called and members of the society with ill-intention took decision to oust the petitioner and his family members from the society. He contends that petitioner made complaints before the State authorities but no action was taken against private- respondents. He prays that a direction may be issued to State authorities to take action against private-respondents. 3) On the other hand, learned State counsel submits immediate action was taken by the police authorities pursuant to petitioner’s complaint 5 against six persons according to provisions of Section 107, 116(3) of Cr.P.C. on 03.07.2017. The petitioner is also accused of being the subject of a complaint filed by private-respondents for committing offences punishable under U/s 500, 500(B), and 384 of the IPC, which still remains pending before the Judicial Magistrate, First Class, Dabhara. He prays that instant petition deserves to be dismissed. 4) Heard. 5) Evidently, on the date of complaint i.e. 03.07.2017, a proceeding U/s Sections 107, 116(3) of Cr.P.C was initiated against six persons and thereafter, a complaint case against petitioner was lodged for offences punishable U/s 500, 500(B) and 384 of IPC which remains pending before Judical Magistrate, First Class, Dabhara. 6) Taking into consideration the above-discussed facts, instant petition stands disposed of. However, State authorities are directed to look into the matter and take appropriate action if such action is repeated again by private respondents. Sd/- Rakesh Mohan Pandey JUDGE Ajinkya