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2025 DAILYLAW 35177 (CHH)

XYZ (Details in Closed-Envelop Separately enclosed with Vakalatnama). v. THE STATE OF CHHATTISGARH

WPC/3683/2025 · 2025-07-16

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:33589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3683 of 2025 1 - Xyz (Details In Closed-Envelop Separately Enclosed With Vakalatnama). Nil ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Ministry Of Women And Child Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.) 2 - The Chairman Chhattisgarh State Commissioner For Protection Of Child Rights (Cscpcr), A-34, Sector-1, Zone-3, Nagar Palika Nigam Shankar Nagar Raipur, C.G. 3 - The District Collector District Sarguja (C.G.) 4 - The Chairman Child Welfare Committee, Collectorate Campus, Ambikapur, District- Sarguja, C.G. ... Respondent(s) For Petitioner(s) : Mr. Praveen Soni along with Suraj Kumar Audheliya, Advocate For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 17/07/2025 1. With the consent of the parties, the present matter is heard finally. 2. By way of the present petition, the petitioner has prayed for the 2 following reliefs: “10.1 Mandate strict adherence to confidentially protocols under Section 72 of the Bhartiya Nyaya Sanhita, 2023 throughout the proceedings, issue a writ, order or direction to the District Collector/Competent Authority, District Sarguja C.G.to: (a) Conduct expeditious verification of the Petitioner’s eligibility within 30 days; (b) Recommend allotment of at least 0.81 Hectares (approx 2 Acres) of Cultivable land from available state land under Section 3(1) of the Act; (c) Complete the entire process within 90 days from the date of the order; 10.2 Grant such further or other Relief(s) as this Hon’ble Court deems fit and proper in the interests of justice.” 3. Learned counsel for the petitioner submits that on 12 May, 2018 accused individuals Suresh Ram Shrivas, Krushna Korva and Rajesh Yadav allegedly committed a gang rape upon the victim (petitioner). Following this assault, the victim pleaded with the accused to marry her, but they collectively refused. On 6th February, 2019, the victim gave birth to a female child resulting form 12th May, 2018 incident. Subsequently, on 19th June, 2019 the victim’s father filed FIR No. 20/2019 at P.S. Mahila Thana, Ambikapur, District- Sarguja, C.G. The FIR invoked Sections 376(2)(n) & 376(3) of the IPC and Sections 4, 5(j)(ii)(l), & 6 of the POCSO Act. Thereafter, on 7th August, 2023 the learned trial court acquitted accused persons in Sessions Case No. 44 of 2019. He would further contend that petitioner is a landless person and on 27.03.2024 3 petitioner has made application before the Collector for allotment of land. Thereafter father of the petitioner has made representation before respondent no. 3 on 09.05.2025 which is still pending before respondent no. 3. 4. Learned counsel for the State disputed some facts made by the petitioner, however she contended that respondent authorities are ready to decide the representations filed by the petitioner in accordance with law after verification of the facts, if not already decided. 5. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Looking to the facts and circumstances of the case, considering the submissions of the counsel for the respective parties, it is directed to the respondent no. 3 to decide the representation of the petitioner in accordance with law after verification of facts, if not already decided. 7. It is also directed that the identity of the victim/petitioner shall be maintained by the competent authority as per provisions of Section 72 of the BNS, 2023 throughout the proceedings. 8. With the aforesaid direction, the present petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima