1 2025:CGHC:2749-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 511 of 2024 Rahul Kumar Agrawal S/o Late Shri Santosh Kumar Agrawal Aged About 36 Years R/o Ward No.15, Behind Old State Bank, OfÏcer Colony, Sakti, Thana- Sakti, District- Sakti, Chhattisgarh. ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary,ministry Of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh. 2 - The Inspector General Of Police Bilaspur Division, District- Bilaspur, Chhattisgarh. 3 - The Superintendent Of Police Sakti, District- Sakti, Chhattisgarh. 4 - The Station House OfÏcer Police Station- Sakti, District- Sakti, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Hari Agrawal, Advocate. For Respondent(s) : Mr. S.S.Baghel, Deputy Government Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 16/01/2025 1. Heard Mr. Hari Agrawal, learned counsel for the petitioner as well as Mr. S.S.Baghel, learned Deputy Government Advocate for the State/ 2 respondents. 2. The petitioner has prayed for the following relief(s): “a. A writ and / or an order in the nature of appropriate writ do issue calling for the relevant records from the concerned authorities / court below relating to the petitioners’ case for its kind perusal. b. A writ and / or an order in the nature of appropriate writ do issue quashing the order dated 16.05.2024 (Annexure P-1) and all subsequent / incidental proceedings including the recommendation dated 12.05.2024 (Annexure P-2) and further be pleased to direct the respondent authorities to delete the name of the Petitioner from the Gunda Badmash / Habitual Criminal list, actions, in the interest of justice. c. Any other relief which this Hon’ble Court may deem fit in the facts & circumstances of case. d. Cost of the petition may also be awarded.” 3. Mr. Hari Agrawal, learned counsel for the petitioner submits that the respondent No. 3 has passed the order dated 16.05.2024 (Annexure P/1) without giving any opportunity of hearing and for perpetual period, the name of the petitioner has been directed to be recorded in the Gunda List/Habitual Offenders list. The Station House OfÏcer, Sakti, vide communication dated 12.05.2024 (Annexure P/2) has recommended the name of the petitioner to be included in the said list. It is submitted that before taking such action, no notice has ever been served upon the petitioner so as to afford him an opportunity to submit his version. 4. At the outset, Mr. Baghel, learned Deputy Government Advocate appearing for the State/respondents submits that admittedly, no notice was ever served to the petitioner before putting his name in the Gunda 3 List. 5. In view of the above submission, we deem it appropriate to quash the order dated 16.05.2024 (Annexure P/1) passed by the Superintendent of Police, District Sakti. However, liberty is granted to the respondent authorities to proceed in accordance with law, after giving due opportunity of hearing to the petitioner. 6. Resultantly, the writ petition stands allowed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.01.17 11:09:24 +0530