1 2026:CGHC:303-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 604 of 2025  Vikash Kumar Manjhi S/o Late Chandi Charan Manjhi Aged About 55 Years R/o House No. 3/5, Geetanjali Vihar, Nehru Nagar, District - Bilaspur Chhattisgarh ... Petitioner(s) versus 1. Union Of India Through Secretary, Department Of Home Affairs, Kartavya Bhavan, 03 Janpath, New Delhi 2. State Of Chhattisgarh Through Principal Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District - Raipur Chhattisgarh 3. Director General Of Police State Of Chhattisgarh, Police Head Quarter, Sector-19, Naya Raipur, District - Raipur Chhattisgarh 4. Collector, Bilaspur District Bilaspur Chhattisgarh 5. Senior Superintendent Of Police Bilaspur, District Bilaspur Chhattisgarh 6. Station House OfÏcer Police Station Civil Lines, Bilaspur, District Bilaspur Chhattisgarh ---- Respondents (Cause-title taken from Case Information System) ---------------------------------------------------------------------------------------------- For Petitioner : Mr. Malay Shrivastava, Advocate For Respondents-State: Mr. S.S. Baghel, G.A. For Union of India : Ms. Annapurna Tiwari, CGC --------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Arvind Kumar Verma, Judge Order on Board 05.01.2026 Digitally signed by JYOTI JHA Date: 2026.01.06 15:56:18 +0530 2 1. Heard Mr. Malay Shrivastava, learned counsel for the petitioner and Ms. Annapurna Tiwari, learned CGC for the Respondent-UOI and Mr. S.S. Baghel, learned G.A., for the State-respondents and perused the record. 2. This writ petition 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 of the case of the petitioner. 10.2 That this Hon’ble Court may kindly be pleased to quash the report dated 29.09.2025 prepared by the respondent No. 5 bearing No. VaPuA/Bila/CC/Col./pgpotal/64-A/25 (Annexure P/1) 10.3 That this Hon’ble Court may kindly be pleased to direct the respondent to conduct fair, impartial and time-bound enquiry of the incidents of illegal intimidation, coercion, and harassment committed against the petitioner and the family of the petitioner for which the petitioner has submitted the complaints from time to time. 10.4 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. Brief facts of the case are that the Petitioner was arrested on 13/03/2025 in connection with FIR No.279/2025 registered at Police Station- Civil Lines, Bilaspur (C.G.) for the commission of offence which is punishable Under Section 420, 467, 468, 471, 474 and 120- B of the Indian Penal Code. During the arrest of the petitioner, the Investigating OfÏcer seized the Petitioner's mobile phone, documents, and personal belongings without preparing the seizure memo or acknowledgment, thereby violating mandatory provisions of the Code of Criminal Procedure. While in judicial custody, on 3 17/04/2025 and 22/04/2025, two private persons illegally entered the jail premises and threatened the Petitioner to make statements favorable to them. Despite complaint submitted by the Petitioner's wife 24/04/2025, no action was taken by the authorities. Even after being granted bail on 20/06/2025, the Petitioner continued to face intimidation, including a serious incident on 21/06/2025, when the individuals chased and obstructed the vehicle of the petitioner. The Petitioner and his family have consistently approached the police and higher authorities through multiple written representations/compliant but protection or legal redressal of the compliant of the petitioner has been done till date. On 01/08/2025, police ofÏcials visited the Petitioner's residence and attempted to forcibly summon his daughter, Dr. Yukta Majhi, without written notice, causing grave mental distress. Despite filing several complaints and even submitting representations to the Hon'ble Prime Minister, Hon'ble President, and Hon'ble Chief Minister, no action has been initiated by the authorities. The continuous harassment, illegal seizure of property, and failure of the authorities to act upon repeated complaints constitute arbitrary State action violative of Articles 14 and 21 of the Constitution of India. The Petitioner, therefore, seeks intervention of this Hon'ble Court for issuance of appropriate writs and directions for protection, inquiry, and return of seized articles. Hence the Petition. 4. Learned counsel for the petitioner submits that the petitioner has submitted the compliant against the police persons and ofÏcer and 4 the report has also been submitted by the respondent no.5 and on the basis of the report of the respondent no.5, the compliant of the petitioner has been disposed which is not proper. An empty formality has been done by the respondents on the compliant of the petitioner. The respondents have violated the fundamental rights of the petitioner and family members of the petitioner yet no serious action has been taken against the persons who are involved in this illegal act against the petitioner. No enquiry has been conducted by the respondent no.5 on the compliant of the petitioner and only a report has been submitted by which it was recommended to close the compliant of the petitioner. The report submitted by the respondent no.5 is seizures to seizure's wife. The respondents are not taking proper and legal action on the compliant of the petitioner for the reasons best known to them. 5. On the other hand, learned counsel for the respondents submits that the writ petition is misconceived and not maintainable in law as the petitioner has an efÏcacious alternative remedy available under the provisions of the Code of Criminal Procedure. It is submitted that the petitioner was arrested in connection with FIR No.279/2025 strictly in accordance with law and due procedure was followed during investigation. It is further submitted that upon receipt of the complaints made by the petitioner and his family members, the competent authority examined the same and an enquiry was conducted by respondent No.5, who thereafter submitted a detailed report dated 29.09.2025. On the basis of the said report, the 5 complaints were duly considered and disposed of in accordance with law. Therefore, it is prayed that the writ petition being devoid of merit deserves to be dismissed 6. I have heard learned counsel for the parties and perused the records. 7. The principal grievance of the petitioner revolves around the alleged illegal seizure of articles at the time of arrest, intimidation by private individuals, harassment by police ofÏcials, and the alleged improper disposal of his complaints on the basis of the report dated 29.09.2025 submitted by respondent No.5. The petitioner seeks quashment of the said report and a direction for a fresh, fair and time-bound enquiry. 8. At the outset, it is to be noted that the petitioner was arrested in connection with FIR No.279/2025 for serious offences punishable under Sections 420, 467, 468, 471, 474 and 120-B of the Indian Penal Code. The allegations raised by the petitioner are essentially disputed questions of fact, which require appreciation of evidence and factual adjudication. 9. As regards the allegation of illegal seizure of mobile phone and documents without preparation of seizure memo, the petitioner has an efÏcacious statutory remedy available under the Code of Criminal Procedure to seek appropriate relief, including return of property or initiation of action against erring ofÏcials, if any. Without availing such remedies, the petitioner cannot directly invoke the extraordinary 6 jurisdiction of this Court. 10. With respect to the allegations of intimidation and harassment, the record reflects that the petitioner and his family members have submitted multiple representations to various authorities. Upon receipt of the complaints, the competent authority entrusted the matter to respondent No.5, who conducted an enquiry and submitted a report dated 29.09.2025. Merely because the findings of the enquiry report are not favourable to the petitioner, the same by itself does not render the enquiry illegal, arbitrary or vitiated. No material has been placed on record to demonstrate that the enquiry was conducted in a mala fide manner or in gross violation of principles of natural justice. 11. In view of the aforesaid discussion, this Court is of the considered opinion that no case is made out for interference. The writ petition is devoid of merit and deserves to be dismissed. 12. Accordingly, the present petition is dismissed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Jyoti