Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:43158-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 469 of 2025 Savitri Sharma W/o Lt. L.N. Sharma Aged About 86 Years R/o Qr. No. 6a, Streeet-6, Sector-9, Bhilai Nagar District Durg Chhattisgarh
... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department Of Home Affairs, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur Chhattisgarh 2 - Station House Officer Police Station - Jamul, Bhilainagar, District - Durg Chhattisgarh 3 - Superintendent of Police District - Durg Chhattisgarh 4 - Inspector General of Police Range - Durg Chhattisgarh 5 - Collector District - Durg Chhattisgarh 6 - Prakash Mohobiya S/o Ramcharan Mohobiya Aged About 32 Years R/o Plot No. 15, Kaushal Niwas, Kaushal Nagar, Kurud, Bhilai Nagar, District - Durg Chhattisgarh ---- Respondents (Cause-title taken from Case Information System) __________________________________________________________ For Petitioner : Mr. Abhyuday Tripathi, Advocate For Respondent Nos.1 & 2/State : Mr. S.S. Baghel, Dy.G.A. __________________________________________________________ Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
26 .08.2025
1. The present petition has been filed by the petitioner with the following prayers: AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.26 18:18:38 +0530
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“10.1 The Hon'ble Court may kindly be pleased to direct the respondent authority to register complaint/F.I.R. against the Private respondents and his goons & initiate proceeding against them under the provisions of Bharatiya Nyaya Sanhita, 2023 & Bharatiya Nagrik Suraksha Sanhita, 2023. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent authority and private respondent to remove the illegal encroachment done by the private respondent and restrain them in further doing so. 10.3 The Hon'ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon'ble Court deems fit and proper in favourof the petitioner as per the facts & circumstance of the present case, in the ends of justice.”
2.
Learned counsel appearing for the petitioner would submit that despite complaint made by the petitioner, respondents authorities have not taken any action on the complaint made by the petitioner.
3. 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. 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 v. 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.
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4. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum.
SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep