Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 20847 (CHH)

SHIV SHANKAR PRASAD v. STATE OF C.G.

WPCR/267/2025 · 2025-05-05

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:20383-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 267 of 2025 Shiv Shankar Prasad S/o Shri Bhuneshwar Prasad Aged About 57 Years R/o 38/776, Near Kalibadi Chowk, Vidya Nagar, Police Station - City Kotwali, Raipur, District- Raipur (C.G.) ... Petitioner(s) versus 1 - State of C.G. Through - The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar (C.G.) 2 - Sr. Superintendent of Police Raipur, District- Raipur (C.G.) 3 - Station House Officer Police Station - City Kotwali, District- Raipur (C.G.) 4 - Harindra Prasad Jethwant S/o Suraj Prasad Jethwant R/o 38/776 Near Kalibadi Chowk, Vidya Nagar, Police Station- City Kotwali, Raipur, District- Raipur (C.G.) 5 - Divya Jethwant W/o Harindra Prasad Jethwant R/o 38/776 Near Kalibadi Chowk, Vidya Nagar, Police Station - City Kotwali, Raipur, District- Raipur (C.G.) 6 - Garv Jethwant S/o Harindra Prasad Jethwant R/o 38/776 Near Kalibadi Chowk, Vidya Nagar, Police Station - City Kotwali, Raipur, District- Raipur (C.G.) 7 - Sukanya Jethwant D/o Late Bhuneshwar Prasad R/o 38/776 Near Kalibadi Chowk, Vidya Nagar, Police Station - City Kotwali, Raipur, District- Raipur (C.G.) 8 - Suraj Prasad Jethwant S/o Late Bhuneshwar Prasad R/o Jhanda Chowk Near Shiv Mandir Laxmi Nagar Pachmedhi Naka Raipur, District- Raipur (C.G.) 9 - Savita Jethwant W/o Suraj Prasad Jethwant R/o Jhanda Chowk Near Shiv Mandir Laxmi Nagar Pachmedhi Naka Raipur, District- Raipur (C.G.) 10 - Ravindra Prasad Jethwant S/o Suraj Prasad Jethwant R/o Jhanda Chowk Near Shiv Mandir Laxmi Nagar Pachmedhi Naka Raipur, District- Raipur (C.G.) 11 - Kumaril Aditya S/o Namalum (Son-In-Law Of Suraj Prasad Jethwant), R/o Jhanda Chowk Near Shiv Mandir Laxmi Nagar Pachmedhi Naka Raipur, District- Raipur (C.G.) ... Respondent(s) ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 For Petitioner : Mr. Vikash A. Shrivastava, Advocate For Respondent Nos.1 to 3/ State : Mr. S. S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 0 5 . 05 .202 5 1. Heard Mr. Vikash A. Shrivastava, learned counsel for the petitioner as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondent Nos. 1 to 3. 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 issue a writ of mandamus directing respondents No. 2 and 3 to conduct a fair, prompt and thorough investigation into FIR No. 04/2025 registered at Police Station City Kotwali, District Raipur (C.G.) in accordance with the law. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent police authorities to immediately secure the CCTV cameras and recordings at the petitioner's residence to prevent further tampering by the accused. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to take immediate and appropriate action against respondents No. 4 to 11, including their arrest, if warranted, for the offenses under the Bharatiya Nyaya Sanhita and Arms Act, as well as for tampering with evidence. 10.4 That, this Hon'ble Court may kindly be pleased 3 to direct the respondents to provide adequate protection to the petitioner and his family to ensure their safety from further harm by the accused. 10.5 That, this Hon'ble Court may kindly be pleased to direct that the investigation be monitored by a senior police officer or an independent agency to ensure compliance with the court's orders. 10.6 That, any other writs and direction which this Hon'ble Court deems fit and just in the facts and circumstances of the case be granted to the petitioner.” 3. Learned counsel for the petitioner submits that the respondent Nos. 4 to 11 have assaulted the petitioner and his family members with the intention to kill, verbally abused them and forcefully evicted them from their residence and the entire incident is recorded on the CCTV cameras installed at the place of occurrence i.e. petitioner’s residence. He further submits that though on the basis of application made by the petitioner under Section 156(3) CrPC, FIR has been registered against the accused persons on 09.12.2024, but till date action has been taken to secure CCTV cameras installed at the place of occurrence, despite on 07.04.2025, the petitioner had moved complaints to the respondent Nos. 2 & 3 requesting them to take appropriate action against the accused persons and secure CCTV cameras installed at the place of occurrence. 4. From perusal of the prayers and pleadings made in the writ petition and materials available on record, it transpires that the alleged incident took place on 23.09.2024 and on the basis of 4 application moved by the petitioner under Section 156(3) CrPC, FIR has already been registered against the accused persons on 09.12.2024 and the investigation is going on, we do not find any good ground for issuance of a direction to secure the CCTV camera installed in the residence of the petitioner, however, considering the fact that FIR was lodged against accused persons way back on 09.12.2024 and near about 05 months have been elapsed, the concerned Investigating Officer is directed to conclude the investigation within a period of six weeks from today and submit a Police Report under Section 193(3) of BNSS before the Competent Court in accordance with law and the concerned Superintendent of Police / Senior Superintendent of Police, is directed to ensure that the investigation in the present case is carried out in a fair manner. 5. Petitioner is directed to furnish a copy of this order to the concerned Superintendent of Police / Senior Superintendent of Police within a period of one week from today for necessary information and compliance. 6. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Chandra