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2025 DAILYLAW 27365 (CHH)

RAJAT KUMAR GUPTA v. STATE OF CHHATTISGARH

WPCR/337/2025 · 2025-06-22

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:26573-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 337 of 2025 1 - Rajat Kumar Gupta S/o Late Ganesh Prasad Aged About 31 Years R/o House No. D /2 Radhagopal Vatika, Vishal Nagar, Raipur, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Principal Secretary, Department Of Home Affairs, Mahanadi Bhawan, Naya Raipur, Raipur District Raipur Chhattisgarh. 2 - Inspector General Of Police Ig Office Raipur, District Raipur Chhattisgarh. 3 - Superintendent Of Police Sp Office, Raipur, District Raipur Chhattisgarh. 4 - Station House Officer Police Station Telibandha, Raipur, District Raipur Chhattisgarh. ….Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Pavas Sharma , Advocate For Respondent Nos.1 & 2/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 23 .06.2025 1. The present petition has been filed by the petitioner with the AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.24 10:47:34 +0530 2 following prayers: “(i) That, this Hon'ble Court may kindly be pleased to Issue A Writ In The Nature Of Mandamus Or Any Other Appropriate Writ, Order, Or Direction, Directing The Respondents To Register An FIR Based On The Complaint Submitted By The Petitioner Dated 17.05.2025, Against The Persons Named Therein For Offences Under Appropriate Provisions Of The Bharatiya Nyaya Sanhita (Bns) And Proceed With A Fair, Impartial, And Time-Bound Investigation. (ii) That, this Hon'ble Court may kindly be pleased to Direct The Respondents To Provide Protection To The Petitioner, In Light Of The Threats And Coercive Actions Made By The Accused Persons, Including The Risk Of Being Falsely Implicated In Criminal Cases. (iii) That, this Hon'ble Court may kindly be pleased to direct The Respondents To Ensure That No Coercive Action Is Taken Against The Petitioner, Without Proper Investigation And Verification Of The Complaint And Facts Placed On Record By The Petitioner. (iv) That any other order/relief which this Hon'ble Court may deem fit, proper, and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice.” 2. Learned counsel appearing for the petitioner would submit that despite complaint made by the petitioner, respondents authorities have not taken any action on the complaint made by the petitioner. 3. 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. He further submits that the controversy involved in the present matter has 3 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 v. 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. 4. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep/ Sourabh