1 2026:CGHC:14-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 643 of 2025 1. Naresh Kumar Sahu S/o Jai Ram Sahu Aged About 33 Years R/o Village Dhaur, P.S. - Utai, Tehsil - Patan, District - Durg Chhattisgarh 2. Amar Singh Sahu S/o Lt. Vishnu Prasad Sahu Aged About 44 Years R/o Village Khatti, P.O. Vidhya Mandir, Parsada, P.S. Abhanpur, District - Raipur Chhattisgarh 3. Tilak Ram Sahu S/o Amar Singh Sahu Aged About 18 Years R/o Village - Khatti, P.O. Vidya Mandir, Parsada, P.S. Abhanpur, District - Raipur Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Home and Police Department, Sachivalaya/ Mantralaya Mahanadi Bhawan, Naya Raipur, District - Raipur Chhattisgarh 2. The Director General of Police Police Head Quarter, Naya Raipur, Distt. - Raipur Chhattisgarh 3. The Superintendent of Police Raipur, Distt. - Raipur Chhattisgarh 4. State of Chhattisgarh Through Police Station Abhanpur, District - Raipur Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.01.02 16:49:00 +0530 2 For Petitioners : Mr. Sameer Rigri, Advocate. For Respondent/State : Mr. Dharmesh Shrivastava, Deputy Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 02.01.2026 1. Heard Mr. Sameer Rigri, learned counsel for the petitioner. Also heard Mr. Dharmesh Shrivastava, learned Deputy Advocate General, appearing for the State/respondents. 2. The present petition has been filed by the petitioners with the following prayers: “i. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to conduct the fair and proper investigation in accordance with law. ii. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to conduct an enquiry against the police authorities in connection with the investigation of the present case. iii. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to add appropriate offences against the accused person which are attracted from the complaint of the petitioners. 3 iv. That, this Hon’ble Court may kindly be pleased to direct any other agencies for the fair and proper investigation in accordance with law looking to the biasness of the investigation by the respondent police authorities. v. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 3. The present petition has been filed by the petitioners alleging illegal and arbitrary action on the part of the respondent police authorities. It is contended that despite repeated complaints made by the petitioners against the accused persons, the police failed to register an FIR. Subsequently, the petitioners approached the Judicial Magistrate First Class by filing an application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), pursuant to which the police registered an FIR. However, it is alleged that the FIR was registered only for bailable offences, despite the existence of non- bailable offences as disclosed in the complaint. 4. It is further alleged that the investigating agency fabricated the statements of the petitioners and deliberately altered the contents thereof in order to extend undue benefit to the accused persons. The petitioners thereafter approached the Judicial Magistrate First Class, Raipur, seeking appropriate action with regard to the irregularities committed during investigation. The learned Magistrate, upon 4 consideration, recorded findings regarding inconsistencies in the investigation and directed initiation of departmental enquiry against the Investigating Officer. Despite the said order, no effective action has been taken by the respondent authorities and the investigation has not been conducted in a fair and proper manner. 5. Upon perusal of the reliefs sought in the present petition, this Court finds that the petitioners have failed to mention the specific offences under which the FIR has been registered against the accused persons. The omission to specify the relevant penal provisions renders the prayer vague and defective. The petition, therefore, suffers from lack of material particulars and has not been drafted with the requisite precision. 6. Learned counsel for the petitioners, upon noticing the said defect, seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition incorporating appropriate and specific pleadings. 7. Learned State counsel has no objection to the said request. 8. In view of the above submissions, the present petition is dismissed as withdrawn, with liberty to the petitioners to file a fresh petition in accordance with law. The withdrawal is made subject to the condition that the petitioners shall deposit a sum of Rs. 2,000/- as costs before the Registry of this Court. The said amount shall be transmitted to the Government Specialized Adoption Agency, Gariyaband, District Gariyaband (C.G.). The petitioners shall produce the receipt of such 5 deposit at the time of filing the fresh petition, if any. 9. Certified copies of the FIR and other documents, if any, shall be returned to the petitioners after retaining photocopies thereof on record. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan