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2025 DAILYLAW 42006 (CHH)

SUDHESHWAR SAI v. STATE OF CHHATTISGARH

WPCR/482/2025 · 2025-09-01

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:44522-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 482 of 2025 1 - Sudheshwar Sai S/o Dhadhu Sai Dubey Aged About 66 Years R/o Ward No. 2, Sai Bahar, Sajbahar, Jashpur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Nava Raipur C.G. 2 - Superintendent Of Police, Distt. Jashpur, S P Office, Jashpur, Distt. Jashpur C.G. 3 - Station House Officer, P.S. Jashpur, Distt. Jashpur C.G. 4 - Miss Sonam Lakra, Present Sarpanch Gram Panchayat Sajbahar, Farsabahar Janpad, Distt. Jashpur C.G. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Prakhar Dutt, Advocate. For Respondents/State : Shri S.S. Baghel, Dy. Govt. Advocate. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.09.03 17:47:49 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 02.09.2025 1. Heard Shri Prakhar Dutt, 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: “1. Hon’ble Court may be kind and gracious enough to call for the records of the case from the respondents. 2. Hon’ble Court may be kind and be pleased to direct the Respondent Authorities to investigate the issue of writs of mandamus or any other writ/writs, order/orders or direction/directions. C. Any other relief/reliefs which Hon’ble Court may deem fit in the facts and circumstances of the instant case.” 3. Learned counsel for the petitioner would submit that the instant petition is against the inaction of the respondent authority that they are not registering FIR and investigation is not being conducted against the actual culprits as she has submitted false affidavit for the post of Sarpanch in the three-tier Panchayat 3 Election 2025. 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 Shoaib