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2025 DAILYLAW 46825 (CHH)

UDAY KRISHNA SINGRAUL v. STATE OF CHHATTISGARH

WPCR/2/2025 · 2025-01-07

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:844-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 2 of 2025 Uday Krishna Singraul S/o Shri Sohan Lal Singraul Aged About 28 Years R/o Village Bhareva, P.O Jareli, Police Station And Tahsil Patharia, District Mungeli (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 - Superintendent Of Police District Mungeli (C.G.) 3 - The Station House Officer Police Station Patharia, District Mungeli (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Raj Kumar Sahu, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 07.01.2025 1. Heard Mr. Raj Kumar Sahu, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General for the respondents / State. 2 2. The petitioner has filed this petition praying for following relief:- “1. to the respondent authorities (police authorities) to not to harass the Petitioner unnecessarily, in the interest of justice; and/or 2. to the respondent authorities to carry out the investigation of FIR No. 235/2024, in accordance with law, in the interest of justice, equity and good conscience. And/or 3. any other relief as deemed fit by this Hon'ble Court in the interest of justice..” 3. Facts of the case in a nutshell is that an FIR No. 235/2024, was lodged under Section 75(1)(i) & 75(1)(ii) of BNS 2023 and Section 7 & 8 of POCSO Act in the police station Patharia, District Mungeli (C.G.), against the Petitioner's father i.e. Sohan Lal Singraul. In the garb of above crime, the police officials are harassing the Petitioner and his family members. On 23.12.2024, at about 07:00 pm, the Petitioner was detained by the police officials of police station Patharia, District Mungeli (C.G.), without informing the reason of detention and was released on 24.12.2024 at about 01:00pm. Being aggrieved by the said illegal action of the police officials of police station Patharia, District Mungeli (C.G.), the petitioner has preferred this present petition. 4. Learned counsel for the petitioner submits that on 23.12.2024, at about 07:00 pm, the Petitioner was detained by the police officials of police station Patharia, District Mungeli (C.G.), without informing the reason of detention and was released on 24.12.2024 at about 01:00pm. The Petitioner's detention is 3 violative of Article 21 of the Indian Constitution. There is continuous apprehension and fear of among the Petitioner and his family members with regard to spontaneous unexpected action of the police officials. The complainant in the said FIR has given affidavit with regard to lodging of a false complaint against father of the Petitioner. 5. Learned counsel for the State submits that an FIR has been registered against petitioner’s father for molestation and harassment, who is absconding, though wanted in a criminal case. Further, the petitioner was called for the purpose of interrogation in order to ascertain the whereabouts of his father against whom the offence has been registered. He also states that the petitioner would not be harassed by the Police in pursuance of the said FIR, except in accordance with law. 6. In view of the above facts and circumstances, the present petition stands disposed of with direction to the police authorities that they shall not unnecessarily harass the petitioner in the garb of interrogation in the criminal case registered against the father of the petitioner. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet