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2026 DAILYLAW 16989 (CHH)

RAHUL BANIK v. STATE OF CHHATTISGARH

WPCR/91/2026 · 2026-02-11

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:7772-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 91 of 2026 1 - Rahul Banik S/o Paritosh Banik Aged About 35 Years R/o Ward No. 07, House No. 18, Gali No. 02, Siddhi Vinayak Colony, Behind Sarkar Jewellers Shop, Mana Camp, Raipur, Disrict Raipur (C.G.)(Correctly Mentioned) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Law And Legislative Affairs, Mantralaya, Mahanadi Bhawan, Nawa Raipur Atal Nagar (C.G.) 2 - Station House Officer Police Station Mana Camp, District Raipur (C.G.) 3 - Superintendent Of Police District Raipur (C.G.) 4 - Dhananjay Nande S/o Lt Hirendra Nande Aged About 25 Years R/o Vikas Vihar Colony, Behind Om Hospital, Raipura, Raipur, District- Raipur (C.G.) (Correctly Mentioned) ... Respondent(s) For Petitioner(s) : Mr. Vijay Shankar Mishra, Advocate. For Respondent(s) : Mr. Shaleen Singh Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 12/02/2026 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.02.13 17:09:01 +0530 2 1. The present writ petition has been filed by the petitioner with the following prayer: “i. That, this Hon’ble Court may kindly be pleased to direct the Respondent Authorities to register a FIR against the respondent no. 04 on the complaint of the petitioner. ii. Cost of the petition may also be granted to the petitioners. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioners, in the interest of justice.” 2. Learned counsel for the petitioner submits that despite several complaints have been made no action has been taken by the State respondents. 3. We have perused the prayers and pleadings made in the writ petition. 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 under Section 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 3 of U.P. Through Principal Secretary, Home Others vide judgment and order dated 14.12.2020 as well as by this Court in WPCR No.333 of 2020 (Akhilesh Agrawal v. State of Chhattisgarh & Others) decided on 12.04.2023, dismissing the said petition, hence, the present petition be also dismissed in terms of the said order. 5. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok