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2025 DAILYLAW 29217 (CHH)

RAHUL AGARIYA v. STATE OF CHHATTISGARH

WPCR/339/2025 · 2025-06-25

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:28099-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 339 of 2025 1 - Rahul Agariya S/o Late Manikchand Agariya Aged About 21 Years R/o Ward No. 02, Chrhapara, Post Office Churcha Colliery, Tahsil Baikunthpur, Police Station Churcha, District Koriya Chhattisgarh. Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 2 - Director General Of Police Police Head Quarter, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 3 - Inspector General Of Police Sarguja Range, Ambikapur, District Sarguja Chhattisgarh. 4 - Superintendent Of Police Baikunthpur, District Koriya Chhattisgarh. 5 - Superintendent Of Police Manendragarh Chirmiri Bharatpur, District Manendragarh Chirmiri Bharatpur Chhattisgarh. 6 - Station House Officer Police Station Churcha, District Koriya Chhattisgarh. 7 - Station House Officer Police Station Manendragarh District Manendragarh Chrimiri Bharatpur Chhattisgarh. 8 - Chandramohan Singh Superintendent Of Police, Manendragarh, Chirmiri Bharatpur, District Manendragarh Chirmiri Bharatpur Chhattisgarh. 9 - Sunil Tiwari Station House Officer, Police Station Manendragarh, District Manendragarh, Chirmiri Bharatpur Chhattisgarh. 10 - Abhishek Pandey Head Constable, Police Station Manendragarh District Manendragarh, Chirmiri Bharatpur Chhattisgarh. RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.06.26 17:52:31 +0530 2 Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Malay Shrivastava, Advocate For Respondent : Mr. S.S. Baghel, Dy. GA Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 26/06/2025 1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner for the following reliefs:- RELIEFS (S) SOUGHT :- 10.1 That, this Hon'ble Court may kindly be pleased to direct the official respondent no.2 and 3 to conduct free, fair and impartial investigation of the First Information Report bearing Crime No.92/2025 dated 26/04/2025 for the commission of offence which is punishable Under Section 137 (2), 87 and 64 (1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 lodge by the petitioner against one Ramji Ravi who have committed rape with the sister of the petitioner who is minor from the respondent no.6 were the petitioner has lodge the First Information Report or at any other police station of District- Koriya (C.G.).] 10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent no.2 and 3 to see that the respondent no.8 to 10 will not interfere in any manner or way in the investigation of the First Information Report bearing Crime No.92/2025 dated 26/04/2025 for the commission of offence which is punishable Under Section 137 (2), 87 and 64 (1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 lodge by the petitioner against one Ramji Ravi who have committed rape with the sister of the petitioner. 10.3. That, this Hon'ble Court may kindly be pleased to direct the respondent no.4 to provide protection to the petitioner and the sister of the petitioner from the respondent no.8 to 10 so that the 3 respondent no.8 to 10 will not commit police atrocity, harassment and threating to the petitioner, family member of the petitioner and the sister of the petitioner to compromise and withdraw the compliant against the accused. 10.4. Any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 2. At the outset, learned counsel for the State submits that the investigation in the instant matter has been concluded and the police has submitted closure report on 23/06/2025 before the competent Court, therefore, if the petitioner is aggrieved, he may take recourse of law. 3. In view of the above submission, the writ petition is disposed of with liberty to the petitioner to take recourse of law. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri