1 2025:CGHC:36382-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 397 of 2025 Surendra Prasad Sahu S/o Ram Sariman Sahu Aged About 31 Years Village Tejpur Police Station Ramanujnagar District Surajpur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home Ambikapur District Sarguja (C.G.) 2 - The Superintendent Of Police Ambikapur, District Sarguja (C.G.) 3 - Officer In Charge Police Station Ramanujnagar District- Surajpur (C.G.) 4 - Ramkeshwar Prasad Sahu S/o Nanka Ram Sahu Aged About 43 Years R/o Telaimuda, Tejpur, P.S. Ramanujnagar District Surajpur (C.G.) 5 - Rameswar Sahu S/o Rambadan Sahu Aged About 46 Years R/o Telaimuda, Tejpur P.S. Ramanujnagar District Surajpur (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Hamida Siddiqui, Advocate For Respondent(s) : 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 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.07.29 10:55:40 +0530 2 28.07.2025 1. Heard Ms. Hamida Siddiqui, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the respondents / State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 Respondent no.3 is directed to take immediate action upon the complaint and register the crime against R-4 & R-5. 10.2 In compliance of order Dated 10/06/2024 and also based upon the inquiry report 13/01/2024 Suitable action be taken against R-4 and recovery of amount used by him as a salary be recovered.” 3. Learned counsel for the petitioner would submits that the Respondent No.4 has impersonated his brother-in-law i.e. respondent N No.5, to obtain a job in the police department as a Constable. This act of impersonation and fraud is a violation of the law and an attempt to mislead the authorities. The complaint was made on 11.12.2021, of 04.02.2022 and 13.07.2022 against the respondent No.4. The office Superintendent of Police started the investigation on the issue in this regards, Statement of Complainant, Sarpanches, Rameshwar Sahu, High School Teacher, investigating officer, and independent witnesses have been recorded as well as in the material collected after investigation & scrutiny it was found Ramkeshwar and Rameshwar are two different person and personification as Rameshwar, Ramkeshwar has procured 3 the job and enquiry report was prepared and after giving the opportunity of hearing was dismissed vide order 10/06/2024. Further, the Police Superintendent Korea has forwarded the matter for suitable action vide letter Dated 10/09/2024. Petitioner on 05/09/2024 has preferred one detailed complaint to the Superintendent of Police, Baikunthpur District Korea (C.G) raising complaint that the Respondent No 4 has obtained the job of the constable playing fraud upon the system and using the fraudulent documents as such suitable action be taken under the relevant sections of the Criminal Laws. The petitioner on 15/06/2025 has made the subsequent complaint to the Station In Charge requesting him to lodge the criminal case against the petitioner and allies who has been involved in this fraudulent practice, however, the fact remains that despite the serious allegation which clearly attracts the ingredients of fraud, unlawful gain, forgery of valuable securities, and forgery for purpose of cheating and also personification of by the respondent authorities has not taken care by respondent No.3. 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 & 4 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 Manpreet