Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 45816 (CHH)

MOTIRAM KASHYAP v. STATE OF CHHATTISGARH

WPCR/505/2024 · 2025-01-03

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:307-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 505 of 2024 1 - Motiram Kashyap S/o Laxman Kashyap Aged About 26 Years R/o Nainnar Lohrapara, Tehsil- Tokpa, Police Station- Kodenar District- Bastar (Chhattisgarh) ... Petitioner versus 1 - State of Chhattisgarh Through The Principal Secretary, Home Department, Naya Raipur, District Raipur (Chhattisgarh) 2 - Director General Of Police Police Headquarters, Raipur (Chhattisgarh) 3 - Inspector General Of Police Raipur Range, District Raipur (Chhattisgarh) 4 - Superintendent Of Police Bastar, District- Bastar (Chhattisgarh) 5 - Station House Officer Police Station Kodenar, District- Bastar Chhattisgarh 6 - Aayatu S/o Late Madda R/o Nainnar Lohrapara, Tehsil- Tokpa, Police Station- Kodenar District- Bastar (Chhattisgarh) 7 - Babalu Kawasi S/o Santu Kawasi R/o Nainnar Lohrapara, Tehsil- Tokpa, Police Station- Kodenar District- Bastar (Chhattisgarh) 8 - Sundar Kawasi S/o Santu Kawasi R/o Nainnar Lohrapara, Tehsil- Tokpa, Police Station- Kodenar District- Bastar (Chhattisgarh) ... Respondents For Petitioner : Mr. Rajeev Shrivastava, Senior Advocate along with 2 Ms. Kajal Chandra, Advocate For Respondent : Mr. Sangarsh Pandey, Govt. Advocate Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board Per Ramesh Sinha, Chief Justice 03/01/2025 1. Heard Mr. Rajeev Shrivastava, Senior Advocate along with Ms. Kajal Chandra, counsel for the petitioner. Also heard Mr. Sangarsh Pandey, Govt. Advocate for the Respondent/State. 2. The present writ petition has been filed by the petitioner with the following prayers "10.1 That this Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction, directing Respondents No. 1 to 5 to immediately register an FIR against Respondents No. 6 to 8 and take all necessary steps to ensure the safety and protection of the Petitioner from any further harassment or threats. 10.2 The Petitioner further prays before this Hon'ble Court to monitor the entire investigation conducted by the respondent no 2 to 5 in order to safeguard the petitioner's fundamental right to freely practice and profess their religion, as guaranteed under Article 25 of the Constitution of India. 10.3 The Petitioner prays for any other appropriate relief including costs, as this Hon'ble Court may deem fit and proper in the circumstances of the case, to 3 uphold the Petitioner's rights under the Constitution of India. 10.4 Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice" 3. The learned for the petitioner states that FIR of the petitioner has already been registered and he is aggrieved by the fact that the police has not registered the FIR in proper offences and the investigation is not being carried out in a fair manner. He prayed that the present petition be dismissed as withdrawn with liberty to file petition with appropriate prayer. 4. In view of the above, the present petition is accordingly dismissed as withdrawn with liberty to file afresh with appropriate pleading and prayer, if so advised. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok