1 2025:CGHC:59908-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 620 of 2025 Chandrakant Pargir S/o Shri M.L. Pargir Aged About 53 Years R/o Kalpna Nagar Gadhel Para, Baikunthpur, Dist.- Koriya C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Health And Family Welfare, Ministry At Mahanadi Bhawan, New Raipur, P.S. Rakhi, Dist.- Raipur C.G. 2 - State Of Chhattisgarh Through Its Secretary, Home Department, Ministry At Mahanadi Bhawan, New Raipur, P.S. Rakhi, Dist.- Raipur C.G. 3 - Director Health Services Directorate At 3rd Floor, Indrawati Bhawan, New Raipur, Dist.- Raipur C.G. 4 - Managing Director National Health Mission 3rd Floor, Swasthya Bhawan, Sector-19, Nawa Raipur, Atal Nagar, Dist.- Raipur C.G. 5 - Inspector General Of Police Surguja Range- Ambikapur, Dist. Surguja C.G. SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.12.11 10:47:51 +0530 2 6 - Superintendent Of Police (EOW), Ambikapur, Dist.- Surguja C.G. 7 - Superintendent Of Police Baikunthpur, Dist.- Koriya C.G. 8 - Station House Officer, P.S. City Kotwali Baikunthpur, Dist.- Koriya C.G. ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Pallav Mishra, Advocate For Respondents/State : Mr. S. S. Baghel, Dy. Govt. Advocate For Respective : Mr. C.J.K. Rao, Advocate Respondent Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 10.12.2025 1. 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 direct the respondent authorities to call the entire records pertaining to this case. 10.2 Hon'ble Court may kindly be pleased to issue writ in the nature of mandamus directing the respondent authorities for lodging FIR/conducting investigation, in view of fact that prima facie cognizable offence of 3 financial irregularities has been committed by culprit which is disclosed from the enquiry report dated 11- 07-2025. 10.3 Hon'ble court may kindly further be pleased to direct the respondent authorities to take lawful action on written complaint, dated 29-07-2025 made by petitioner to SHO City Kotwali, Baikunthpur, Dist.- Koriya (C.G), dated 19-08-2025 to S.P Baikunthpur, Dist.- Koriya (C.G), dated 01-09-2025 to SP (EOW) Ambikapur, Dist.- Surguja(C.G.), dated 26-09-2025 to Inspector General of police, Surguja Range, Ambikapur, Dist.- Surguja (C.G.) filed as Annexure P/5, and further to pass any other relief(s) which it deems fit along with cost of the petition in the interest of justice.” 2. Learned counsel for the petitioner would submit the petitioner, who is a Social and RTI activist, had made a written complaint alleging large-scale financial irregularities in the National Tobacco Control Programme (NTCP) under the District ROP budget for the year 2022- 24. Acting upon his complaint, a departmental enquiry was conducted, and the enquiry team, in its detailed report, categorically concluded that financial irregularities had indeed been committed. Despite disclosure of a clear cognizable offence, the respondent authorities have neither registered an FIR nor initiated investigation, and such failure to follow 4 the due process of law has caused serious injustice to the petitioner. It is submitted that the inaction on the part of the respondent authorities, even after repeated representations made by the petitioner to all competent authorities, amounts to an illegal and arbitrary exercise of power, and still no action has been taken, leaving the petitioner with no option except to approach this Court. 3. Learned State counsel, on the other hand, submitted that the grievance of the petitioner can be very well redressed before the Court below by filing an application under Section 156(3) or 200 of the Cr.P.C. (now, under Section 175(3) or under Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023). 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 vs. 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 a liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar