1 2025:CGHC:29706-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 358 of 2025 Santosh Kunjam S/o Salikram Kunjam Aged About 49 Years Caste- Schedule Tribe (Gond), Occupation - Technical Assistant (B.E. Mechanical), Posted At Office Of Janpad Panchayat Bhairamgarh, District- Bijapur (Chhattisgarh) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Home Police Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur District- Raipur (Chhattisgarh) 2 The Collector-Cum-District Magistrate District- Bijapur (Chhattisgarh) 3 The Superintendent Of Police District- Bijapur (Chhattisgarh) 4 The Station House Officer Police Station Bhairamgarh District- Bijapur (Chhattisgarh) 5 Shri Brajkishore Yadav Deputy Superintendent Of Police Kutru, District- Bijapur (Chhattisgarh) ... Respondent(s) For Petitioner : Mr. Avinash K. Mishra, Advocate. For Respondents/State : Mr. S. S. Baghel, Dy. G.A. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.03 10:33:09 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 02.07.2025 1. Heard Mr. Avinash K. Mishra, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, Dy. G.A. appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “(I) That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to complaint Annexure-P/1 dated 29.05.2025 filed before the Respondent No.4 in original with Rojnamcha of the relevant day. 10.2 That this Hon'ble court may kindly be pleased to issue appropriate orders/directions/writ, and direct the Respondent No.4 to lodge the named F.LR under the appropriate section of B.N.S, 2023 particularly in the light of relevant provisions The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, without further lapse of time the Respondent No.5 and their escort. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit. 3 10.4 Cost of the petition may also be awarded. 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 against respondent No. 5 namely Brajkishore yadav and his escort for badly beating and assaulting the petitioner. 4. 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. (now, under Section 175(3) or under Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023). He further submits that the controversy 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 Jyoti/ $ Bhilwar