1 2025:CGHC:5442-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 62 of 2025 Ilu Masih @ Sahil Masih S/o Sanjay Masih, aged about 34 years H. No. 72, Ward No. 5, Ganeshpur, Balodabazar, District - Balodabazar- Bhatapara Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 2 - Collector Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 3 - Sub-Divisional Officer (Revenue) Bhathapara, District - Balodabazar- Bhatapara Chhattisgarh 4 - Superintendent Of Police Balodabazar, District - Balodabazar- Bhatapara Chhattisgarh 5 - Station House Officer Police Station - Simga, District - Balodabazar- Bhatapara Chhattisgarh ... Respondent(s) _________________________________________________________ For Petitioner : Mr. Dharmesh Shrivastava, Advocate For Respondents/State : Mr. S.S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 30 .0 1 .202 5 1. Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner as well as Mr. S.S. Baghel, learned Deputy Government Advocate General, appearing for the respondents/State. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.31 10:41:33 +0530 2 2. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner with the following prayers: “10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned show cause notice dated 20.12.2024 passed in Case No. 202412210100026/2024 by the learned District Magistrate, Balodabazar, District Balodabazar- Bhatapara (C.G.) and the proceeding may also be quashed. 10.3 That, any other writs and direction which this Hon'ble Court deems fit and just in the facts and circumstances of the case be granted to the petitioner. 10.4 That the cost of the petition may kindly be awarded in favour of the petitioner.” 3. Learned counsel appearing for the petitioner submits that the District Magistrate, Balodabazar-Bhatapara has committed grave legal illegality in issuing the impugned show cause notice dated 20.12.2024 in Case No. 202412210100026 of 2024 and the proceeding after reply is filed by the petitioner. He further submits no ingredient of Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (hereinafter called as “Act of 1990’) would be made out against the petitioner to initiate such a proceeding and no order can be passed against him. He also submits that the petitioner has already been acquitted from one of the criminal offence and 3 proceeding of preventive action has already been either completed or not produced before the competent Court and only two cases under Chhattisgarh Agricultural Cattle Preservation Act and Section 429 of IPC are pending bearing Crime No. 308/2021 and 428/2023, in the said cases, he has been falsely implicated and first offence is at the verge of conclusion, thus it is clear that there is no likelihood for the petitioner to cause any danger or harm to any person, property or society. Therefore, the writ petition deserves to be allowed and the impugned order deserves to be quashed. 4. On the other hand, learned State Counsel appearing for the respondents submits that the petitioner has an alternative efficacious remedy of appeal to the State Government under Section 9 of the Act of 1990. 5. Considering the submission of learned counsel for the State, the writ petition is dismissed. However, liberty is reserved in favour of the petitioner to file an appeal under Section 9 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 to the State Government. 6. Certified copy of the impugned order be returned to the learned counsel for the petitioner after furnishing duly photostat copy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra