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2026 DAILYLAW 22396 (CHH)

SMT. LATA BANJARE v. STATE OF CHHATTISGARH

WPCR/313/2026 · 2026-06-17

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:24595-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 313 of 2026 1 - Smt. Lata Banjare W/o Shri Unendra Banjare, Aged About 45 Years Vill. Thuha Bangoli, Post Maroud, P S Kurud, Distt. Dhamtari (C.G.) P I N 493663. 2 - Smt. Lata Verma, W/o Late Nand Kumar Verma, Aged About 52 Years Vill. Funda, Ahead Of Bus Stand, P O Selud, P S Patan, Distt. Durg (C.G.) P I N 491107. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home Mantralay, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, Distt. Raipur, (C.G.) P I N 492002 2 - The Superintendent Of Police, Dhamtari, Distt Dhamtari (C.G.) P I N 493773 3 - Sub-Divisional Officer Of Police, Kurud, P S Kurud, Distt. Dhamtari (C.G.) P I N 493663 4 - D. S. P. (Ajak), S C / S T Dhamtari, Distt. Dhamtari (C.G.) P I N 493773 5 - Officer I / C , Police Station Kurud, Distt. Dhamtari (C.G.) P I N 493663 6 - The Chairman, Chhattisgarh State Women Commission, Near Chief Election Commission Office, Shastri Chowk, Raipur (C.G.) P I N 492001 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.06.19 10:26:30 +0530 2 7 - Smt. Mamta Verma W/o Hiralal Verma R/o Qr. No. 140 / D, Risali Sector, Bhilai Nagar, P S Newai, Bhilai, Ward No. 08, Distt. Durg (C.G.) P I N 490006 8 - Shri Dushyant Verma, S/o Nand Kumar Verma Aged About 57 Years C/o Smt. Mamta Verma R/o Qr. No. 140/ D, Risali Sector, Bhilai Nagar, P S Newai, Bhilai, Ward No. 08, Distt. Durg (C.G.) P I N 490006 9 - Smt. Dhaneshwari Sahu, W/o Parmeshwar Sahu, Vill. Thuha Nawagaon, P O Maroud, P S Kurud Distt. Dhamtari (C. G.) P I N 493663 ... Respondent(s) For Petitioner(s) : Mr. Harshal Chouhan, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Deputy G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 18.06.2026 1. Heard Mr. Harshal Chouhan, learned counsel for the petitioners. Also heard Mr. Nitansh Jaiswal, learned Deputy Government Advocate, appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That this Hon'ble Court may be pleased to call the entire records from the Respondent No. 2 to 6 including the video. 10.2 That, this Hon'ble Court may be pleased to direct the Respondent No. 2 to 5 to register FIR against the 3 respondent No.7, 8 and 9 under Indian Penal Code 1860 with amended sections under B.N.S. 2023 and under the the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 & Rules, 1995 with Amendment Act 2018 and prosecute, arrest and punish them. 10.3 That, this Hon'ble Court may also be pleased to direct the respondent No.2 to 5 issuing writ of mandamus under Article 226 of the Constitution to investigate the matter and register FIR under the Information of Technology Act, 2000 as amended from time to time and take action against the culprits being a serious matter.” 3. Learned counsel for the petitioners submits that petitioner No.1 was working as an A.N.M. on contractual basis under the office of the Chief Medical Officer, Raipur and was regularly attending her duties from her native village Thuha Bangoli. It is submitted that pursuant to a notice issued by the Chhattisgarh State Women Commission on the complaint of respondent No.7, petitioner No.1 appeared before the Commission at Durg on 16.01.2026, where she came to know that respondent No.7 had allegedly generated and circulated morphed photographs of the petitioner through Artificial Intelligence by falsely linking her with the husband of respondent No.7, thereby tarnishing her reputation, dignity and privacy. It is further submitted that after conclusion of the proceedings before the Commission and while the petitioner was returning from Sakhi Centre, Durg towards the bus stand at about 4:30 PM on 16.01.2026, respondents No.7 and 8 intercepted 4 her in a public place, abused her in filthy language, assaulted her by fists and kicks, pulled her hair and saree causing damage to her clothes, threatened her with dire consequences and also uttered caste- related abuses, thereby attracting offences punishable under the provisions of the Bharatiya Nyaya Sanhita, 2023, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Information Technology Act, 2000. Learned counsel further submits that despite repeated written complaints dated 26.01.2026, 28.01.2026, 29.01.2026 and 20.04.2026 submitted before the concerned police authorities, specifically alleging that respondent No.9 had unlawfully obtained and transmitted the photograph of petitioner No.1 to respondent No.7 without her knowledge or consent and despite disclosure of cognizable offences, no First Information Report has been registered by the respondents, compelling the petitioners to invoke the extraordinary jurisdiction of this Court seeking a direction for registration of FIR and fair investigation in accordance with law. 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 5 vide judgment and order dated 14.12.2020 as well as by this Court in WPCR No. 333 of 2020 (Akhilesh Agrawal vs. 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 a liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet