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2025 DAILYLAW 51341 (CHH)

ABHAY SINGH MARCO v. THE STATE OF CHHATTISGARH

WPCR/541/2025 · 2025-10-13

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:51105-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 541 of 2025 1 - Abhay Singh Marco S/o Late Prem Singh Aged About 49 Years (Shani Dell Orchard Organic Agriculture Farm) R/o Village - Podikhurd, Police Station And Tahsil - Shankargarh, District Balrampur - Ramanujganj (C.G.) 2 - Narendra Agrawal S/o Late Satpal Agrawal Aged About 40 Years Proprietor - M/s Hanumant Traders, Main Road Asola Konark City, Shankar Ghat, Ambikapur, District - Sarguja (C.G.) ... Petitioners versus 1 - The State of Chhattisgarh Through The Secretary, Department Of Home Affairs, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - The Director General Of Police Department Of Home Affairs, Police Head Quarter, Sector-19, Nawa Raipur, Baijnathpara, Near Atal Nagar District Raipur (C.G.) 3 - The Inspector General Of Police Sarguja Range (Ambikapur) District Sarguja (C.G.) 4 - Superintendent Of Police Sarguja, District Sarguja (C.G.) 5 - The Station House Officer City Police Station Ambikapur, District Sarguja (C.G.) 6 - The Station House Officer Police Station Shankargarh, District Balrampur - Ramanujganj, C.G. 7 - Vinay Kumar Choudhari S/o Shri Harendra Choudhari Aged About 30 Years Prop. M/s Vinay Traders, R/o Bajarpara, Domanhil Ward No. 35, Sonamani Colony, P.S. Chirmiri Chowki, Korea District Manendragarh - Chirmiri - Bharatpur (C.G.) 8 - Rahul Choudhari Aged About 24 Years Prop. M/s Vinay Traders R/o Bajarpara, Domanhil, Ward No. 35, Sonamani Colony, P.S. Chirmiri AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.10.15 11:00:39 +0530 2 Chowki, Korea District Manendragarh - Chirmiri - Bharatpur (C.G.) 9 - Vinod Bhaskar Aged About 40 Years R/o. Chandani Chowk, Ambikapur, District Sarguja (C.G.) ---- Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Akath Kumar Yadav, Advocate For Respondents/State : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 14 .10.2025 1. The present petition has been filed by the petitioners with the following prayers: “10.1 call for the entire records of the case from the authorities concerned for its kind perusal. 10.2 direct the Respondent authorities to register the FIR against the Respondents No. 07 to 09 in compliance of the complaints made by the Petitioners. 10.3 to constitute a Special Investigation Team (SIT) under the supervision of this Hon'ble Court, comprising senior and impartial police officials and direct the said SIT to conduct a fair, free and time bound investigation into the allegations of the Petitioners. 10.4 Any other relief, which this Hon'ble High Court deems fit and proper be also awarded.” 2. Learned counsel appearing for the petitioners would submit that despite complaint made by the petitioners, respondents authorities have not taken any action on the complaint made by the petitioners. 3 3. Learned State counsel, on the other hand, has submitted that the grievance of the petitioners can be very well redressed before the Court below by filing an application under Section 156 (3) or 200 of the Cr.P.C. 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 v. 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. 4. Accordingly, the present writ petition is dismissed with liberty to the petitioners to avail the appropriate remedy before appropriate Forum. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep