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2025 DAILYLAW 52946 (CHH)

SUDHAKAR SAHARE v. STATE OF CHHATTISGARH

WPCR/543/2025 · 2025-10-14

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:51289-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 543 of 2025 Sudhakar Sahare S/o Prem Das Sahare Aged About 48 Years R/o Ward No. 9,misyabada, Dongergarh, District Rajnandgaon C.G. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary,ministry of Home Department,mantralaya,mahanadi Bhawan,atal Nagar,nawa Raipur, District Raipur C.G. 2 - Collector, Rajnandgaon, District Rajnandgaon C.G. 3 - Superintendent of Police, Rajnandgaon, District Rajnandgaon C.G. 4 - Station House Officer, Police Station Dongergarh, District Rajnandgaon C.G. 5 - District Education Officer, Rajnandgaon, District Rajnandgaon C.G. 6 - Block Education Officer, Block Dongergarh, District Rajnandgaon C.G. 7 - Principal, Khalsa Public School, Dongergarh, District Rajnandgaon C.G. 8 - Priyanka Singh, Posted as Teacher, Khalsa Public School, Dongergarh, District Rajnandgaon C.G. ... Respondents _________________________________________________________ For Petitioner : Mr. Shikhar Sharma, Advocate For Respondents/State : Mr. S.S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 15 . 09 .202 5 1. Heard Mr. Shikhar Sharma, learned counsel for the petitioner as well as Mr. S.S. Baghel, learned Deputy Government Advocate, ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 appearing for the State / respondents. 2. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs : “10.1. That this Hon'ble Court may kindly be pleased to direct the concerned police station to register the FIR against the respondent No.8. 10.2. That this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3. Learned counsel appearing for the petitioner would submit that despite written complaint being made by the petitioner to respondent Nos.3 and 4 for registration of FIR, no action is being taken against the respondent No.8, whereas the respondent No.8 had beaten the son of the petitioner namely Sarthak Sahare brutally, because of which the son of petitioner is suffering permanent hearing loss and his entire life is now been affected and he has become deaf and became permanently handicapped. 4. Learned State counsel, on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the competent Court by filing an application under Section 156 (3) or 200 of the Cr.P.C. He further submitted 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 3 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. 5. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra