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2025 DAILYLAW 17740 (CHH)

SAMAYDAS AVINASHI v. THE STATE OF CHHATTISGARH

WPCR/242/2025 · 2025-04-28

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:18994-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 242 of 2025 Samaydas Avinashi S/o Gokaran Das Aged About 75 Years R/o Dongakohroud, Tehsil - Pamgarh, District Janjgir-Champa, Chhattisgarh ... Petitioner versus 1 - The State of Chhattisgarh Through - Secretary Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur, Chhattisgarh 2 - Executive Engineer Public Works Department Champa, District Janjgir-Champa, Chhattisgarh 3 - Sub Division Officer Public Works Department Pamgarh, Tehsil - Pamgarh, District Janjgir-Champa, Chhattisgarh 4 - Sub Engineer Public Works Department Pamgarh, District Janjgir- Champa, Chhattisgarh 5 - Atul Kumar Dewangan C Class Contractor, Bearer Road, Champa, District Janjgir-Champa, Chhattisgarh 6 - Sidharth Construction Main Road Naila, District Janjgir-Champa, Chhattisgarh 7 - Manoj Kumar Agrawal B Class Contractor, Korba Road, Champa, District Janjgir-Champa, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. N.K. Chatterjee, Advocate For Respondent-State : Mr. Sangharsh Pandey, Government Advocate ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.04.28 18:21:07 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 28.04 .2025 1. Heard Mr. N.K. Chatterjee, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Deputy Government Advocate, appearing for the State/respondents No. 1 to 4. 2. 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 view of the writ petition filed by the petitioner it is humbly prayed and submitted that the Hon'ble court may kindly be pleased to direct the petitioner to file a complaint against the concerned respondent under Section 175(3) of the BNNS under section 5 of the Prevention of Corruption and other offence and after the completion of the investigation the charge sheet has been filed before the learned competent court. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 3. Learned counsel for the petitioner would submit that despite several complaints having being made by petitioner to the respondents-authorities for registration of FIR against the respondents No.5 to 7, the same has not been registered. 3 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 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 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 vs. 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 a liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Anu