1 2026:CGHC:1601-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 9 of 2026 Asgar Khan S/o Zarad Khan Aged About 42 Years R/o Subhash Ward No. 3, Bada Bazar, Mungeli, District- Mungeli (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Director General Of Police Police Headquarters, Atal Nagar, Nawa Raipur (C.G.) 3 - Inspector General Of Police Bilaspur Range, Bilaspur (C.G.) 4 - The Collector Mungeli District Mungeli (C.G.) 5 - Superintendent Of Police Mungeli, District Mungeli (C.G.) 6 - Station House OfÏcer Police Station- City Kotwali, Mungeli, District Mungeli (C.G.) 7 - Smt. Parwati Patel The Then Executive Magistrate, Mungeli, District- Mungeli (C.G.) Presently Posted As Deputy Director, At Chhattisgarh Administration Academy Nimora, Raipur, District- Raipur (C.G.) 8 - Shri Girja Shankar Yadav Posted As Sub-Inspector, At Police Station- City Kotwali, Mungeli, District- Mungeli (C.G.) ... Respondent(s) (Cause Title Taken from Case Information System) For Petitioner(s) : Mr. B.S.Rajput, Advocate. For Respondent(s) : Mr. S.S.Baghel, Government Advocate. 2 Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 12/01/2026 1. Heard Mr. B.S.Rajput, learned counsel for the petitioner as well as Mr. S.S.Baghel, learned Government Advocate for the State/ respondents No. 1 to 6. 2. By this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s): “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 issue appropriate writ, order or direction for taking action and registration of FIR against the respondent No. 7 & 8, in the interest of justice 10.3 That, this Hon'ble Court further may kindly be pleased to direct the respondent authorities to ensure a fair and expeditious enquiry/investigation against the respondent No. 7 & 8 and register the FIR and also provide wrongfully to the petitioner compensation confinement, in the interest of justice. for 10.4 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 withe cost of the petition.” 3. Learned counsel for the petitioner submits that despite several complaints having been made by petitioner to the respondents- authorities for registration of FIR against the respondent No. 7 and 8, the same has not been registered. Mr. Rajput submits that the petitioner was 3 wrongfully confined and the respondents No. 7 and 8 have misused their ofÏcial capacity but no action is being taken against them by the respondent authorities. 4. Learned State counsel, on the other hand, has 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 Akhilesh Agrawal vs. State of Chhattisgarh & Others, (WPCR No. 333 of 2020, decided on 12.04.2023), dismissing the said petition, hence, the present petition be also dismissed in terms of the said order. 5. In view of the above, the present writ petition is dismissed with a liberty to the petitioner to avail the remedy before appropriate Forum, if so advised. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.01.12 18:11:23 +0530