Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45148-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 487 of 2025
1. Shri Amit Baral S/o Late Amal Baral Aged About 56 Years R/o Flat No. B 905, V.I.G. Heights Apartment, V.I.P. City Saddu, Raipur C.G.
2. Smt. Naabnita Baral Shri Amit Baral Aged About 52 Years R/o Flat No. B 905, V.I.G. Heights Apartment, V.I.P. City Saddu, Raipur C.G.
... Petitioner(s) versus
1. State Of Chhattisgarh Through The Chief Secretary, Home Department, Nawa Raipur, Atal Nagar, Raipur C.G.
2. Director General Of Police, Police Head Quarter, Nawa Raipur, Atal Nagar, District Raipur C.G.
3. Inspector General Of Police, 35, Shankar Nagar Main Road, Shankar Nagar, District Raipur C.G.
4. Superintendent Of Police, Raipur, District Raipur C.G.
5. Station House Officer, P S Vidhansabha, District Raipur C.G.
6. Chairman, C.G. Police Accountability Authority, Behind Pahuna Guest House, Central Road, Shanti Nagar, Raipur C.G.
7. Smt. Anita Gupta Wd/o Late Mohan Lal Gupta Aged About 50 Years R/o New Shanti Nagar, Infront Of Govind Enterprise, Street No. 2, Near Jivan Memorial Hospital, New Shanti Nagar, Raipur C.G.
8. Nikki Gupta D/o Late Mohan Lal Gupta Aged About 27 Years R/o New Shanti Nagar, Infront Of Govind Enterprise, Street No. 2, Near Jivan Memorial Hospital, New Shanti Nagar, Raipur C.G. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.04 18:10:55 +0530
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9. Abhishek Gupta S/o Late Mohan Lal Gupta Aged About 21 Years R/o New Shanti Nagar, Infront Of Govind Enterprise, Street No. 2, Near Jivan Memorial Hospital, New Shanti Nagar, Raipur C.G.
10. Shri Mahinder Pal Singh Khurana S/o Gurubaksh Singh Khurana R/o House No. 24/730, Pandritarai, Near Rojgaar Karyalay, Pandri, Raipur, Tehsil And District Raipur C.G.
... Respondent(s) For Petitioner : Mr. Shubhank Tiwari, Advocate For Respondents/ State : Mr. S.S. Baghel, Dy. G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge
Judgment on Board Per Ramesh Sinha, Chief Justice 04/09/2025
1. Heard, Mr. Shubhank Tiwari, learned counsel for the petitioner and also Mr. S.S. Baghel, learned Dy. G.A. for the State.
2. The present WPCR has been filled for following reliefs :- 10.1 That, this Hon'ble Court may kindly be pleased issue a writ/writs, order/orders, direction/directions to Respondent No. 5 to not to harass the Petitioners. 10.2 That, this Hon'ble Court may kindly be pleased issue a writ/writs, order/orders, direction/directions to Pass the direction to S.H.O. Vidhansabha and S.P. Raipur to preserve all the CCTV Footage installed at police station and all the cameras of Police Station Vidhansabha, District Raipur from 03.07.2025 to
07.07.2025.
3 10.3 That, this Hon'ble Court may kindly be pleased issue a writ/writs, order/orders, direction/directions to the summon the call details records and location, place of Mobile of Respondent No. 5, Respondent No. 10 on the date of 03.07.2025 to 07.07.2025. 10.4 That, this Hon'ble Court may kindly be pleased issue a writ/writs, order/orders, direction/directions to issue the Departmental enquiry against the police personnel of Police Station Vidhansabha, District Raipur (C.G.) who are involved in harassing and taking illegal action taken against the Petitioners. 10.5 Any other relief may deem fit in the present facts and circumstances of this case may also be awarded to the petitioner.
3.
Learned counsel appearing for the petitioner submits that on a complaint filed by respondent No. 10 relating to some property dispute with the petitioners, who are the husband & wife, are unnecessarily being called by the police authority to the police station and made them to sit in police station for hours together. He further submits that the petitioners are being harassed by the the police authority at the instance of respondent No. 10 without there being any FIR against them. He further submits that the petitioners have also made a complaint raising their grievances with regard to the aforesaid inaction before the Superintendent of
4 Police, Raipur but no action is taken on the complaint.
4. On the other hand, learned State counsel opposes the argument made by the learned counsel for the petitioners and submits that on a complaint made by the respondent No. 10, the petitioners were called for investigation in the police station and thereafter the proceedings under Section 156 of the CrPC was initiated and thereafter the parties were directed to approach the Civil Court for redressal of their grievance.
5. We have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto.
6. Considering the submission made by learned State counsel as the police has already initiated the proceedings under Section 156 Cr.PC and directed the parties to approach the Civil Court for redressal of their grievances as the matter appears to be a property dispute and also the fact that by letter dated 17.07.2025 the SHO, PS Vidhansabha, Raipur, informed the learned Sessions Court, Raipur that no crime has been registered against the petitioners and based on the said report the learned Sessions Court rejected the bail application of the petitioners under Section 482 of the BNSS, we do not find any good ground to entertain the petition. Accordingly, the writ petition is dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti