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2025 DAILYLAW 22403 (CHH)

BHARTIS SAI BHAGAT v. STATE OF CHHATTISGARH

WPCR/334/2025 · 2025-06-19

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:26030-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 334 of 2025 Bhartis Sai Bhagat S/o Shri Subal Sai Bhagat Aged About 56 Years Posted As Deputy Commissioner And Present Working As Project Officer (On Deputation) In The Office Of District Panchayat, Sukma, District - Sukma (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Secretary General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 3 - Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 4 - Secretary Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 5 – Director, General Of Police Police Head Quarters, Atal Nagar, Nawa Raipur (C.G.) 6 - Inspector General Of Police Range Bastar, Jagdalpur (C.G.) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.06.20 18:27:22 +0530 2 7 - Superintendent Of Police Sukma, District - Sukma (C.G.) 8 - Station House Officer Police Station - Sukma, District - Sukma (C.G.) 9 - Station House Officer Police Station - Konta, District - Sukma (C.G.) 10 - Collector Sukma, District - Sukma (C.G.) 11 - Chief Executive Officer District Panchayat, Sukma, District - Sukma (C.G.) 12 - Sub-Divisional Officer (Revenue) Konta, District - Sukma (C.G.) 13 - Chief Executive Officer Janpad Panchayat Konta, District - Sukma (C.G.) 14 - Panchayat Secretary Gram Panchayat Duled, Block - Konta, District - Sukma (C.G.) 15 - Balwant Singh Marko Aged About 35 Years Posted As Assistant Project Officer At District Panchayat, Kawardha, District - Kabirdham (C.G.) 16 - Kailash Kashyap Aged About 35 Years Posted As Assistant Director (Industries) / General Manager, District Trade And Industries Centre, Sukma, District - Sukma (C.G.) 17 - Girish Kashyap Aged About 45 Years Posted As Panchayat Secretary, Village Panchayat Duled, Block - Konta, District - Sukma (C.G.) ... Respondent(s) (Cause title is taken from CIS) 3 For Petitioner : Mr. Jhanendra Kumar and Mr. Ravi Kumar Banjare, Advocates. For Respondents/State : Mr. Shashank Thakur, Dy. A. G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 20.06.2025 1. Heard Mr. Jhanendra Kumar and Mr. Ravi Kumar Banjare, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, Dy. A. G. appearing for the respondents/State. 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 call for the entire records pertaining to the case of the petitioner for perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ, order or direction in the nature of mandamus directing for registration of FIRs and institution of a court-monitored independent investigation by an SIT or CBI into the allegations of large-scale corruption, murders and conspiracy in District Sukma (C.G.). 10.3 That, this Hon'ble Court may kindly be pleased to 4 direct the respondent police authorities to ensure immediate protection to the petitioner. 10.4 That, the respondent authorities may kindly be pleased to direct for disciplinary and criminal action against officials involved in suppressing complaints and shielding the accused persons. 10.5 That, any other writs and direction which this Hon'ble Court deems fit and just in the facts and circumstances of the case, may kindly be granted to 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 as there is large-scale corruption in implementation of rural development schemes such as MANREGA, Amrit Sarovar Yojana and other Panchayat-level works. Learned counsel would submit that there is a criminal conspiracy and death threats made to the petitioner however, no action has been taken with respect to the repeated complaints made by the petitioner and further the petitioner seeks a court-monitored independent investigation. 4. Learned State counsel, on the other hand, 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 5 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/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar/ Jyoti