1 2025:CGHC:60648-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 583 of 2025 XYZ Nil ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home Affairs, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 - Director General Of Police Police Headquarters, New Raipur, Atal Nagar, Distt.- Raipur (C.G.) 3 - Inspector General Of Police Raipur Range District- Raipur (C.G.) 4 - The Superintendent Of Police Mahasamund, District- Mahasamund (C.G.) 5 - The Station House Officer Police Sation- Basna, District- Mahasamund (C.G.) 6 - Gunsagar (Gunsagar) @ Raju Pasayat S/o Manohar Pasayat Aged About 27 Years R/o Village- Lamkeni, Police Station- Basna, District- Mahasamund, Chhattisgarh. …. Respondent(s) (Cause-title taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.12.13 16:04:01 +0530 2 For Petitioner : Mr. Kishore Narayan, Advocate For Respondent(s) : Mr. U.K.S. Chandel, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Bibhu Datta Guru, J 12/12/2025 1. The instant petition has been filed by the petitioner with the following prayer:- “(i) Direct the Respondent Police Authorities to submit a status report before this Hon'ble Court regarding the steps taken by them to apprehend the accused; (ii) Issue a writ of mandamus or any other appropriate writ, order or direction to Respondent police authorities to take immediate and effective steps to arrest the accused in connection with Crime No. 239/2022 dated 23.05.2022, registered at Police Station Basna, District Mahasamund, for offences punishable under Sections 294, 323, 506, 366 & 376(2)(n) IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; (iii) The Hon'ble Court may pass any other order/direction which it may deem fit and proper in the facts and circumstances of the case.” 2. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to take appropriate steps to arrest the accused/ respondent No.6 in connection with Crime No. 3 239/2022 dated 23/05/2022 registered at P.S. Basna, District Mahasamund for offence under Sections 294, 323, 506, 366 & 376 (2)(n) IPC and Section 3(2)(v) of the SC & ST Act. 3. Learned counsel for the petitioner would submit that on the false pretext of marriage, the respondent No.6 developed corporeal relations with the petitioner and as a result of which, she became pregnant and subsequently he declined to marry her and also assaulted and abused her in the name of caste. In respect of the said act of the accused, the petitioner lodged the subject FIR in the year 2022 and despite the said fact, till date, he has not been arrested. 4. Learned State Counsel would submit that since FIR has already been registered and the police are conducting investigation strictly in accordance with law, the Petitioner seeks to use this Court to dictate the manner of investigation and to compel coercive action such as arrest without allowing the statutory process to unfold, which is impermissible in writ jurisdiction. Accordingly, the Petition is misconceived, premature, and liable to be dismissed. 5. We have heard learned counsel for the parties and perused the pleadings as well as the material available on record. 6. Upon consideration of the submissions and the material available on record, it is apparent that the FIR has already been registered against Respondent No. 6, and the investigations therein are 4 stated to be ongoing. The Petitioner has not brought forth any cogent material to demonstrate that the investigating agency has either shut the investigation or refused to act on the FIR. The relief sought by the Petitioner, particularly seeking direction for immediate arrest cannot be granted at this stage. In fact, Such relief, if granted, would impermissibly encroach upon the statutory domain of the investigating agency and violate the well-settled principle that the Court cannot direct the police to arrest a particular individual, nor can it predetermine the course or outcome of investigation. 7. In light of the above analysis, we find no merit in the present WPCR. The relief sought is neither maintainable nor substantiated by any exceptional circumstance justifying deviation from established legal principles governing criminal investigation. 8. Accordingly, the instant Petition stands dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $. Bhilwar