1 2025:CGHC:19255-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 248 of 2025 Santoshi Jangde W/o Late Mahendra Jangde Aged About 50 Years R/o Village- Karhi, Police Station- Mungeli, District- Mungeli (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Ministry of General Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Secretary Ministry of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 3 - Secretary Single-Member Judicial Inquiry Commission, Balodabazar, District- Balodabazar-Bhatapara (C.G.) 4 - Section Officer And Public Information Officer General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, (C.G.) 5 - Superintendent of Police Balodabazar, District- Balodabazar- Bhatapara (C.G.) 6 - Station House Officer Police Station- Balodabazar, District- Balodabazar-Bhatapara (C.G.) 7 - Station House Officer Police Station- Gidhauri, District- Balodabazar- Bhatapara (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rajeev Kumar Dubey, Advocate For Respondents-State : Mr. Shashank Thakur, Deputy Advocate General ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.04.30 11:33:29 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 29.04 .2025 1. Heard Mr. Rajeev Kumar Dubey, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondents. 2. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities particularly to the respondent No.3 to expedite the inquiry of the incident of damaging the Jaitkham of Amar Gufa located in Village Mahkoni near Village Giraudhpuri, District Balodabazar-Bhatapara (C.G.). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide a copy of judicial inquiry report to the petitioner. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to insert the section 295A of Indian Penal Code against the accused persons in Crime. No. 110/2024 registered by the Police Station Gidhauri, District - Balodabazar-Bhatapara (C.G.). 3 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to declare that the incident. has been occurred due to failure and disorder of the police and district administration. 10.5 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to arrange proper security of the holy and historical place which belong to Satnam Panth so that such incident does not happen again in future. 10.6 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3. Brief facts of the case, in a nutshell, are that, in between 15.05.2024 at about 5.00 pm to 16.05.2024 at about 7.00 am, some unknown persons damaged the Jaitkham situated at Amar Gufa in Village - Mahakoni, Out Post Giraudpur, Police Station - Gidhauri, District Balodabazar-Bhatapara (C.G.) and also consumed liquor at that religious spot with intent of hurting the religious sentiments of the followers of the Satnami community. On the basis of aforesaid complaint, the police of Police Station Gidhauri, District Balodabazar-Bhatapara (C.G.) registered FIR bearing Crime No. 110/2024 for the offence punishable under Section 295 of Indian Penal Code, 1860 (for short, ‘IPC’) against the unknown persons and investigation was initiated. During course of investigation, on 18.05.2024 the police arrested 3 accused persons, namely Saltu Kumar Yadav, Raghunandan 4 Yadav and Pintu Kumar Yadav and after completion of entire investigation, on 30.05.2024 the police filed charge-sheet against them for the offence punishable under Section 295, 34 of the IPC. 4. On being dissatisfied with the police investigation, Satnami community demanded higher level inquiry. A protest was conducted by Satnami community at District Headquarter at Balodabazar and there was arson and vandalism during the protest. Some leaders. were arrested. The petitioner's son namely Kuldeep Jangde aged about 27 years has also been arrested by the police of Police Station Balodabazar, District -Balodabazar- Bhatapara (C.G.) in connection with Crime No. 379/2024 for the offence punishable under Section 147, 148, 149, 294, 506, 335, 186, 332, 307, 427, 435, 436, 120(B) of IPC and Section 3, 4 of The Prevention of Damage of Public Property Act. Thereafter, the Home Minister, State of Chhattisgarh announced for judicial inquiry and on 13.06.2024, respondent No.1 constituted Judicial Inquiry Commission using inherent power under Section 3 of Commission of Inquiry Act, 1952. On 16.01.2025, the petitioner filed an application under Right to Information Act, 2005 before the office of respondent No.3 to provide a copy of the aforesaid inquiry report. Respondent No.3 forwarded the aforesaid application to the office of the respondent No.1 and the respondent No.4/Section Officer & Public Information Officer, General Administration Department sent a memo dated 05.02.2025 to the petitioner informing that at present the inquiry is 5 under proceeding, hence in such a condition, it is not possible to provide any information. Hence, the present petition. 5. Learned counsel for the petitioner submits that the incident was taken place on dated 17.05.2024 at about 9.40 pm and police registered FIR against some unknown persons but did not investigate in proper manner and only on the basis of some personal grudge with a civil contractor, the concerned labours damaged the historical and important jaitkham and did not investigate properly. He further submits that the importance of Giraudpuri Dham is significant pilgrimage site in Chhattisgarh particularly for the followers of Satnami sect. The place of Amargupha situated at Village Mahkoni which is important site of Satnami community. As per the community, Sant Amar Das, the elder son of Guru Ghasidas spent time and. considered sacred. The Amargupha is importance place of Satnam Panth and also considered holy place having significance of Guru Ghasidas's son Guru Amar Das. Referred to Amargupha location for meditation. Hence, Amargupha is very significant and importance holy place for devotees of Satnam Panth because Guru Ghasidas was a social and religious reforms whose teachings created on true and equality. His legacy is carried on by the Satnam Panth which community play vital role in cultural and spiritual life of Chhattisgarh. It has been contended that on the date of incident i.e. 17.05.2024, some persons knowingly damaged the old historical and spiritual structure which is called Jaitkham. 6 6. It has been further contended by the learned counsel for the petitioner that as per the history, made by Guru Amar Das. So, this is very important place for Santnam Panth. Some persons disturbanced in relation to the Amargupha, this has caused unrest within the Satnam community. After the incident, the whole Satnam communities and devotees protested throughout Chhattisgarh and submitted representations to the State Government through Collector but no appropriate step was taken by the administration, then on being unsatisfaction, several protests have been started in several districts of Chhattisgarh but not proper investigation done by Police Station Gidhauri, District Balodabazar-Bhatapara and also final charge-sheet has been filed only under Section 295, 34 of IPC. It has been further contended that the action taken by the police authority, the petitioner is not satisfied and several representations made by the leader of the Satnam community, then on 06.10.2024, several districts heads of community and leaders of the community conducted a meeting at Dashhara Maidan, Balodabazar. The information given to District Collector regarding meeting and rally and the Collector had given the permission for meeting and rally conducted by the Satnam community but co-incidently the wrongful act and without any proper arrangement done by the District Collector and Superintendent of Police. The huge crowd of people was provoked by the police personnel and assaulted the persons who participated in rally, then the crowd was 7 uncontrolled, for that reason, heavy damages of the public property has been occurred by crowd. On the basis of this incident, more than 190 persons have been arrested and sent to jail. This incident has been occurred by the mismanagement of District Collector and Superintendent of Police and wrongful act done by the untrained police personnel. The particular pen drive and representation given by the petitioner to take action regarding responsible police personnel on 10.01.2025. It has been argued that the State Government did not take any proper action regarding incident of holy place of Amargupha occurred on 16.05.2024, after some time, several representations and protest done by the Satnam community, the Government of Chhattisgarh declared a circular dated 13.06.2024 single member enquiry commission was constituted but no inquiry report was submitted by the inquiry commission, then the petitioner submitted several RTI applications on 16.01.2025, but neither proper inquiry done by the police authority nor any report of single member inquiry commission submitted till date. The information given by the General Administration Department that the inquiry is going on but the incident took place on 15.05.2024, the final charge-sheet of the Crime No. 110/2024 against three accused persons has been filed by the police of Police Station – Gidhauri, hence, a direction be given to the respondent authorities to expedite the inquiry of the incident as also a direction be issued to insert Section 295A of the IPC against the accused persons. 8 7. On the other hand, learned State counsel submits that insofar as the relief No.10.1 is concerned, the petitioner has prayed for expedite the inquiry of the incident, the Committee has already been constituted and it will submit its report after completion of due enquiry. He further submits that insofar as relief No.10.3 is concerned, the petitioner has prayed for insertion of Section 295A of the IPC against the accused persons in Crime No.110/2024, the charge-sheet has already been filed way back on 30.05.2024 and if the petitioner is aggrieved with the said charge-sheet, he has to approach before the trial Court. It has been contended that insofar as other reliefs are concerned, the relief(s) sought for by the petitioner is in the nature of ‘Public Interest Litigation’, which cannot be dealt with in the writ petition like the present case, therefore, the instant petition deserves to be dismissed. 8. We have heard learned counsel for the parties and perused the documents annexed with the writ petition. 9. Perusal of the pleadings in the writ petition, it would show that the incident is said to have been occurred on 15.05.2024 and after due investigation, FIR was lodged, some persons were arrested and the charge-sheet was filed way back on 30.05.2024. It is further reflected that the Committee has already been constituted and the petitioner is mother of the accused, who has been arrested in the crime in question, and later, he has been released on bail. It is further reflected that if the petitioner is aggrieved with 9 insertion/deletion of any such Section in the charge-sheet, the remedy available to him/her to approach the trial Court. 10. Taking into consideration the overall facts and circumstances of the case, particularly the fact that judicial enquiry has already been initiated, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for grant of any relief to the petitioner. However, the petitioner is at liberty to take appropriate measures for redressal of her grievance before the appropriate forum. 11. The petition lacks merit and is, accordingly, dismissed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Anu