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2025 DAILYLAW 27998 (CHH)

BALRAJ KUMAR DHEER v. THE STATE OF CHHATTISGARH

CRMP/1554/2018 · 2025-01-21

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:3709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1554 of 2018 Balraj Kumar Dheer S/o Shri Satya Prakash Dheer Aged About 77 Years (Retired Chief Engineer) R/o- Mig-19, Indrawati Colony, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - The State of Chhattisgarh Through- The Secretary, Department of Home Affairs, Mantralaya, Mananadi Bhawan, Naya, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. 2 - The Director General of Police Police Head Quarter, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. 3 - Amresh Mishra Superintendent of Police, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. 4 - Abhishek Maheshwari DSP Crime Branch, Fafadih Chowk, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. 5 - Laxman Kumeti OfÏcer In Charge of Police Station- Vidhan Sabha, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. 6 - Sachin Shandilya S/o Shri Upendra Shandilya Aged About 46 Years R/o- S-25, Rajeev Nagar, Raipur, Post- Shankar Nagar, Police Station- Civil Lines, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. 7 - T.R. Dewangan S/o Late Dindayal Dewangan Aged About 52 Years R/o- Gyan Ganga Education Institute Private Limited Nardaha, Police Station- Vidhan Sabha, Raipur, District-Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. ... Respondent(s) RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.22 10:54:05 +0530 2 For Petitioner(s) : Mr. Roop Naik, Advocate For State : Ms. Ankita Shukla, Panel Lawyer For respondents No. 6 & 7 : Mr. Sunil Pillai, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.01.2025 1. Heard Mr. Roop Naik, learned counsel for the petitioner. Also heard Ms. Ankita Shukla, learned Panel Lawyer appearing for the State and Mr. Sunil Pillai, learned counsel appearing for the respondents No. 6 & 7 . 2. This instant petition has been filed by the petitioner with the following prayer: “ (i) Direct the respondent No. 1 to have a fair and proper investigation in the matter keeping in mind the pending Civil Appeals, Company Appeal and the Criminal Cases pending against the respondent No. 6 and others. (ii) Direct the respondent No. 1 to issue orders for departmental enquiry against the police ofÏcials who had proceeded against the petitioner without proper investigation in the matter and arrested him contrary to the stand of the state in W.P. (Cr.) No. 167/2016. (iii) Direct a special SIT to be constituted to surface the conspiracy between respondent No. 6, 7 and police ofÏcials and consequent to such report initiate action against those ofÏcials under Penal Law. 3 (iv) Detention of the applicant to declared illegal in violation of Article 21 of the Constitution of India and consequently order for damages of Rs. 25,00,000/- to be paid to the petitioner. (v) Direct the respondent No. 1 to protect the petitioner and his family members from police atrocities. (vi) Any other relief which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also please be granted to the petitioner.” 3. Learned counsel for the respondents No. 6 & 7 has submits that the said fact has not been disputed and the applicant is already facing trial, the prayer which have already been investigated and challan has filed and the trial currently in progress. Hence, the present petition has become infructuous. 4. In view of the same no further cause of action survive, this petition is dismissed as infructuous.-- Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan