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2025 DAILYLAW 15323 (CHH)

RAGHUNATH DAS JAIS v. STATE OF CHHATTISGARH

WPCR/185/2025 · 2025-04-03

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:15629-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 185 of 2025 1 - Raghunath Das Jais S/o Late Ganeshram Jais Aged About 89 Years R/o Gudhiyari Padav, Near Harish Traders, Raipur- 492009, Chhattisgarh 2 - Sangeeta Ramkishan Jais W/o Ramkishan Jais Aged About 51 Years R/o Gudhiyari Padav, Near Harish Traders, Raipur - 492009, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Principal Secretary, Home Department, Mahanadi Bhavan, Nava Raipur, District Raipur Chhattisgarh 2 - Director General of Police - Police Headquarters Nava Raipur Sector- 19, District Raipur Chhattisgarh 3 - Inspector General of Police- Raipur Range, 35, Shankar Nagar Main Road, Shankar Nagar, Raipur, Chhattisgarh 492001 4 - Senior Superintendent of Police Collectorate, Kutchery Chowk, Raipur, Chhattisgarh 492001 5 - Thana Telibandha Through Station House Officer, Telibandha Main Road, Opposite Shree Hanuman Mandir, Shatabdi Nagar, Telibandha, Raipur, Chhattisgarh 492006 ... Respondent(s) _________________________________________________________ For Petitioner : Mr. Ankit Pandey, Advocate For Respondents/State : Mr. Shashank Thakur, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 Per Ramesh Sinha , Chief Justice 03 . 04 .202 5 1. Heard Mr. Ankit Pandey, learned counsel for the petitioner as well as Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State / respondents. 2. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs : “10.1 Issue a writ in the nature of Mandamus or any other appropriate writ, order, or direction directing the Respondents to conduct an independent, impartial, and time-bound judicial inquiry into the illegal entry, harassment, and misconduct of the police officials. against the Petitioners and their family. 10.2 Issue a writ in the nature of Certiorari quashing any false and fabricated complaints, cases, or proceedings initiated against the Petitioners' family members. 10.3 Direct the Respondents to take appropriate legal and departmental action against the officials involved in the illegal search, harassment, and intimidation of the Petitioners. 10.4 Direct the Respondents to ensure that no further harassment, intrusion, or violation of the Petitioners' fundamental rights takes place in the future. 10.5 Pass any other order(s) or direction(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of the case.” 3 3. Learned counsel for the petitioner submitted that on 12.03.2025, at approximately 6:30 AM, two uniformed police officers, accompanied by eight other individuals dressed in civilian clothing, arrived at the Petitioners' residence in two vehicles. Without knocking, announcing their identity, or seeking permission, they forcefully pushed and opened the entrance gate of kitchen, after locking the main entrance gate and unlawfully entered the house premises of Petitioners. He further submitted that their sudden and unauthorized intrusion created an atmosphere of shock and panic within the household, particularly for Petitioner No. 1, an elderly individual with serious health conditions, and Petitioner No. 2, who was left startled and defenceless. The officers neither provided prior notice nor presented any legal documentation, such as a search warrant or an official authorization order, that would justify their forceful entry. He also submitted that as soon as the petitioners regained some composure, they promptly submitted their complaint to the concerned authorities on 13.03.2025, seeking immediate redressal of the grave injustice inflicted upon them and on 15.02.2023, the petitioner No.2 also submitted a formal complaint to the respondents, however despite the gravity of the allegations, the complaint was completely ignored and no action was taken, hence, it is prayed that a direction be issued to the respondents to conduct an independent, impartial and time-bound judicial inquiry into the legal entry, harassment and misconduct of the police 4 officials against the petitioners and their family members. 4. Learned State counsel, on the other hand, has opposed the aforesaid submission and stated that since there was an allegation against the son-in-law of petitioner No.2 that he was helping an warranty accused and though several notices were issued to him to appear before the concerned police station, but he has neither appeared nor co-operating with police, therefore, the police party, in routine check-up had entered into the alleged premise, there is no evidence on record that the police party had misbehaved with any person, they were only performing their official duty. 5. Considering prayers and pleadings made in the instant petition and further taking into consideration the submissions advanced by learned counsel for the parties, we do not find any good ground for interference in the instant matter. 6. Consequently, the present writ petition is dismissed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Chandra