1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 276 of 2021 1 - Pradeep Kumar Diwakar S/o Shushil Kumar Diwakar Aged About 32 Years R/o Police Lines Bilapsur, Tehsil And District- Bilaspur, Chhattisgarh, Present Address- Ward No. 02, Kududand, Jaistambh Chowk, Bilaspur- 495001, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Home, New Raipur, District- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 - Director General Of Police (Administration) Police Headquarter, Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Superintendent Of Police District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Dy. Superintendent Of Police B.S. Khutiya Aged About 58 Years, (Through S.P. Officer, Bilaspur Chhattisgarh), District : Bilaspur, Chhattisgarh 5 - The Then Station House Officer Jagdish Chandra Mishra, (Through S.P. Officer, Bilaspur Chhattisgarh), District : Bilaspur, Chhattisgarh 6 - S.P Aarif Shekh (Presently Serving As D.I.G.) E.O.W/a.C.B. Office Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 7 - Rohishek Verma S/o Kamlkant Verma Aged About 30 Years R/o Vinoba Nagar, P.S. Tarbahar, District- Bilaspur (Chhattisgarh), Mobile- 780393939, District : Bilaspur, Chhattisgarh 8 - Upendra Nishad S/o Shripati Nishad Aged About 32 Years R/o Kududand, Matachora, P.S- Civil Lines, District- Bilaspur (Chhattisgarth) Mobile- 8871824776, District : Bilaspur, Chhattisgarh 9 - Sub Inspector Prabhakar Tiwari, Cyber Cell Incharge, (Through S.P. Office, District- Bilaspur, Chhattisgarh), District : Bilaspur, Chhattisgarh -2- 10 - S.I Hemant Adity Cyber Cell, District- Bilaspur, Chhattisgarh (Through S.P. Office, District- Bilaspur Chhattisgarh), District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner : None appears. For Respondent/State : Mr. Prateek Tiwari, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01.05.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 Call for the entire records pertaining to this case for perusal of this Hon'ble Court. 10.2 Kindly grant a compensation of an amount of Rs. 50,00,000.00/-(Rupees Fifty Lakh Only) for all the physical and mental harassment, torture as well as for the social dent to the goodwill and name in the society of the petitioner and his family members as well. A Copy of judgment dated 09/01/2019 is filed herewith as ANNEXURE P-5. 10.3 Kindly also take a strict action against those who are responsible for intentionally committing such an injustice against the Petitioner herein. 10.4 Grant any other relief/order or direction, as this Hon'ble Court may deem fit and proper under the facts and in the circumstance of the case and in the interest of justice, along with cost of the proceedings.” 2. In the present petition, the petitioner has sought compensation to the tune of Rs.50 lacs for his physical and mental harassment as well as for social dent to his goodwill and name in society. 3. It appears that an FIR was registered against the petitioner on 3 25.06.2018 for the commission of an offence under Section 67 of the Information Technology (Amendment) Act and Section 3 of the Police (Incitement to Disaffection) Act, 1922. Notices were served to 28 police officials and action was taken against the petitioner by respondents No.4 & 5. It is also pleaded that the petitioner remained in jail for 23 days and he was placed under suspension also. 4. Mr. Tiwari, the learned Panel Lawyer appearing for the State would submit that though the petitioner has claimed compensation but it has not been claimed against anyone. 5. Heard learned counsel appearing for the respondents. 6. Taking into consideration the fact that in relief clause No. 10.2, the petitioner has not claimed compensation either from the State or from any private individual. Further, the petitioner may file a petition for malicious prosecution claiming therein compensation and this petition in the present form is not maintainable and is accordingly dismissed at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Rekha