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2026 DAILYLAW 2187 (CHH)

ANKIT SINGH (IN PERSON) v. STATE OF CHHATTISGARH

WPCR/48/2026 · 2026-02-10

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:7580-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 48 of 2026 1 - Ankit Singh (In Person) S/o Mahendra Singh Aged About 30 Years R/o Gevra Project, Police Station Dipka, District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District : Raipur, Chhattisgarh 2 - Director General Of Police Police Head Quarter, Atal Nagar Nava Raipur, District : Raipur, Chhattisgarh 3 - Inspector General Of Police Bilaspur Range, District : Bilaspur, Chhattisgarh 4 - The Commissioner Bilaspur Division, Bilaspur, District : Bilaspur, Chhattisgarh 5 - The Additional Director Enforcement Directorate, 2nd Floor, Netaji Subhash Stadium, Moti Bag, Raipur, District : Raipur, Chhattisgarh 6 - The Collector Korba, District : Korba, Chhattisgarh 7 - The Superintendent Of Police Korba, District : Korba, Chhattisgarh 8 - City Superintendent Of Police Korba, District : Korba, Chhattisgarh 9 - The Station House Officer Police Station Kotwali, Korba, District : Korba, Chhattisgarh ... Respondent(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.02.12 17:58:16 +0530 2 For Petitioner(s) : Mr. Ankit Singh, Petitioner in Person. For Respondent/State : Mr. Shaleen Singh Baghel, Govt. Advocate. For Respondent No.5 : Dr. Saurabh Kumar Pande, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 11/02/2026 1. Heard Mr. Ankit Singh, Petitioner in Person. Also heard Mr. Shaleen Singh Baghel, learned Govt. Advocate, and Dr. Saurabh Kumar Pandey, learned counsel appearing for the Respondents. 2. The present petition has been filed by the petitioner with the following prayer: "10.1 That this Hon'ble Court may kindly be pleased to issue a writ(s), order(s), direction(s) by giving direction(s)/order(s) to the prosecution/police authorities/respondents for completion of the investigation and enquiry as early as possible and further step as per Criminal Procedure Code against the accused person is required to be taken. 10.2 That, this Hon'ble Court may kindly be pleased to direct Enforcement Directorate to continue the investigation and take legal steps regarding the ECIR filed by the Enforcement Directorate Raipur. 10.3 That, this Hon'ble Court may kindly be pleased to direct any superior authority other 3 than Station House Officer, Police Station Kotwali, Korba, District Korba (C.G.) to investigate properly into the matter. 10.4 That, this Hon'ble Court may kindly be pleased to direct the Director General of Police to initiate a departmental enquiry against Station House Officer, Police Station Kotwali, Korba, District Korba (C.G.) for non compliance and direct contempt of the Trial Court Korba. 10.5 That, this Hon'ble Court may kindly be pleased to direct the concerned departments to make compliance with the order of Trial Court Korba and submit the report before this Hon'ble Court as soon as possible. 10.6 That, this Hon'ble Court may kindly be pleased to direct the Commissioner, Bilaspur Division, Bilaspur along with the Collector Korba to investigate into the matter personally and submit the report before this Hon'ble Court as soon as possible. 10.7 That, this Hon'ble Court may kindly be pleased to grant any other relief to the petitioner which this Hon'ble Court may deem fit & appropriate as per the facts & circumstances of the present case.” 3. Brief facts of the case are that the matter pertains to alleged illegal occupation and irregularities in land during the construction of Palm Mall at Korba, in respect of which a complaint was submitted on 22.01.2015 before the Commissioner (Revenue), Bilaspur Division, by Shri Vijay 4 Budhia, whose land was allegedly encroached upon by the builders, along with supporting revenue records dated 23.04.2018. Despite repeated representations, no action was taken by the revenue authorities, compelling the petitioner’s mother to lodge FIR No. 1085/2020 at Police Station Kotwali, Korba against unknown persons. Although anticipatory bail sought by the concerned Patwari was rejected by the JMFC, Korba on 15.04.2021, no effective investigation or arrest followed, and a closure (Khatma) report was filed without proper notice to the complainant, even while the Enforcement Directorate, Raipur initiated investigation on 26.07.2023 vide ECIR/RPZO/01/2023/325. The petitioner’s mother was summoned only in July 2025, whereupon the learned JMFC, Korba observed that no proper investigation had been conducted and, by order dated 10.11.2025, directed the Station House Officer, Kotwali, Korba to conduct further investigation on specified points within 60 days; however, no report has been submitted till date, leading the petitioner to approach this Hon’ble Court alleging continued inaction and violation of the right to fair investigation under Article 21 of the Constitution of India. 4. The petitioner in person submits that the investigation conducted by the police authorities has not been carried out in a fair, proper, and lawful manner, and the manner in which it has been handled indicates apparent collusion between the Investigating Officer and the accused persons because due to the incompetence, inaction, and negligent approach of the administrative and police authorities. The career and future prospects of the petitioner as well as his brother and sister have 5 been seriously prejudiced, because the investigation by the Enforcement Directorate, Raipur, remains pending on account of non- cooperation and inaction by the local police and administrative authorities. The petitioner’s father is a paralytic patient and is in urgent need of financial assistance for his medical treatment, which has further aggravated the hardship suffered by the family. Even after five years of lodging the FIR no arrest has been made despite specific directions issued by the learned trial Court, thereby raising serious doubts regarding the competence and bona fides of the authorities and suggesting that the accused persons are being shielded and the petitioner craves leave to urge any other grounds at the time of hearing as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. 5. Learned counsel appearing for the State-respondents submits that the allegations levelled by the petitioner are baseless, misconceived, and unsupported by any cogent material. The investigation has been conducted strictly in accordance with the procedure prescribed under law and under the supervision of competent authorities. There is no question of collusion or mala fide on the part of the Investigating Officer. Mere delay in completion of investigation or arrest does not by itself establish illegality, particularly when the matter involves examination of revenue records and multiple authorities. The pendency of proceedings before the Enforcement Directorate, Raipur is independent in nature and cannot be attributed to any inaction on the part of the local police authorities. The personal circumstances of the petitioner’s family, 6 though sympathetic, cannot form a legal ground for interference in an ongoing investigation. It is, therefore, submitted that the present petition is devoid of merit and is liable to be dismissed. 6. This Court has carefully considered the affidavit filed by the deponent in personal compliance with the order dated 27.01.2026, along with the unconditional and sincere apology tendered for the delay in concluding the investigation and for failure to submit the supplementary report within the 60-day period stipulated by the learned Judicial Magistrate First Class, Korba. The explanation furnished attributes the delay primarily to the non-receipt of original revenue records and inter-departmental communications, which were essential for compliance with the seven point investigation directed by the learned trial Court. It is further noted that upon the matter being brought to the personal attention of the deponent, immediate remedial steps were initiated, including issuance of show-cause notices to the concerned Investigating Officer, imposition of punishment of censure, correspondence with the Tahsildar for requisite inquiry, and eventual submission of the final supplementary report before the trial Court on 07.02.2026. 7. The Superintendent of Police has filed an affidavit stating that the final supplementary report has been submitted before the learned trial Court on 07.02.2026. It is further stated that the seven queries raised by the learned Magistrate have been duly inquired into and addressed in the said report. If the petitioner is aggrieved by the contents or findings 7 of the supplementary report, he is at liberty to take recourse to the remedies available under law. 8. Accordingly, the learned Magistrate concerned is directed to consider the said supplementary report and pass appropriate orders thereon in accordance with law within a period of two weeks from the date of receipt of a copy of this order. 9. The petition stands disposed of accordingly. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok