1 2026:CGHC:25347-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 4 of 2026 1 - Naresh Kumar Sahu S/o Jai Ram Sahu, Aged About 33 Years R/o Village- Dhaur, P.S. Utai, Tehsil Patan, District Durg C.G. 2 - Amar Singh Sahu S/o Lt. Vishnu Prasad Sahu, Aged About 44 Years R/o Village Khatti, P.O.- Vidya Mandir, Parsada, P.S. Abhanpur, District Raipur C.G. 3 - Tilak Ram Sahu S/o Amar Singh Sahu, Aged About 18 Years R/o Village Khatti, P.O. Vidya Mandir, Parsada, P.S. Abhanpur, District Raipur C.G. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Home And Police Department, Sachivalaya/ Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur C.G. 2 - The Director General of Police, Police Head Quarter, Naya Raipur, District Raipur C.G. 3 - The Superintendent of Police, Raipur, Dist. Raipur C.G. 4 - State of Chhattisgarh Through Police Station Abhanpur, District Raipur C.G. ... Respondents _________________________________________________________ For Petitioners : Md. Shahid Raza holding brief of Mr. Sachin Nidhi, Advocate For Respondents/State : Mr. Praveen Das, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 2 2 .0 6 .202 6 1. Heard Mr. Md. Shahid Raza holding brief of Mr. Sachin Nidhi, learned counsel for the petitioner. Also heard Mr. Praveen Das, ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 learned Additional Advocate General, appearing for the State/respondents. 2. The present writ petition has been filed by the petitioner with the following prayers: “i. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to conduct the fair and proper investigation against the accused persons in connection with FIR registered at PS Abhanpur, District- Raipur (C.G.) bearing crime no. 221/2025 for commission of offence u/s 115(2), 127(2), 191(2), 324(4) and 351(2) in accordance with law. ii. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to conduct an enquiry against the police authorities for investigation of the present case in connection with FIR registered at PS Abhanpur, District- Raipur (C.G.) bearing crime no. 221/2025. iii. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to add appropriate offences u/s 309(6), 111(3) of BNS and 4, 5 of CG Tonahi Pratadna Nivaran Adhiniyam, 2005 against the accused person in connection with FIR registered at PS Abhanpur, District- Raipur (C.G.) bearing crime no. 221/2025 which are attracted from the complaint of the petitioners. iv. That, this Hon'ble Court may kindly be pleased to direct any other agencies for the fair and proper investigation in accordance with law looking to the biasness of the investigation in connection with FIR registered at PS Abhanpur, District- Raipur (C.G.) bearing crime no. 221/2025 by the respondent police 3 authorities. v. 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 on 13.03.2025, petitioner No.3, Tilak Sahu, was intercepted near the crematorium in Village Khatti by certain villagers, namely Robin Sahu, Khumeshwar Yadav, Nutesh Nishad, Sohan Sen, Bhola Dhruv and Hemant Nirmalkar, who abused and assaulted him on the false allegation of indulging in “jadu-tona” (black magic). Apprehending imminent danger, Tilak Sahu called his father, Amar Singh Sahu (petitioner No. 2), who along with Naresh Sahu (petitioner No.1) reached the spot to rescue him. Upon their arrival, the mob allegedly attacked all three petitioners on similar accusations. The petitioners were forcibly confined, dragged before the villagers, and subjected to continuous humiliation throughout the night. Their motorcycles were vandalized and their mobile phones, gold locket and cash were forcibly taken away. The petitioners were brutally assaulted in public, their faces were painted black, and they were paraded naked while being made to wear garlands of shoes throughout the village, thereby causing extreme public humiliation on the false pretext of practicing “jadu-tona”. The petitioners were kept under illegal confinement for the entire night. On 14.03.2025 at about 10:00 a.m., a call was made to the 112 police helpline. Although the police reached the spot, no steps were taken to protect the petitioners or to proceed against the accused persons. Instead, 4 the petitioners were pressurized to tender a public apology before the villagers. The entire incident occurred in the presence of the police authorities, yet no action was taken to prevent or stop the alleged barbaric acts. The petitioners were released only after being compelled, under threat to life, to apologize publicly and sign blank papers, including a document stating that they would not lodge any complaint. Thereafter, police personnel escorted the petitioners out of the village and left them at Village Belar. Despite repeated requests, the police refused to register an FIR. Written complaints submitted before Police Station Abhanpur and subsequently before the Superintendent of Police, Raipur, also elicited no response. 4. Owing to continued inaction, the petitioners filed an application under Section 175(3) of the BNSS before the Judicial Magistrate First Class, Raipur, on 15.04.2025. Vide order dated 04.06.2025, the learned JMFC, upon consideration of the material and enquiry report, held that cognizable offences were disclosed and directed registration of an FIR and investigation. Pursuant thereto, FIR bearing Crime No. 221/2025 was registered on 09.06.2025 under Sections 115(2), 127(2), 191(2), 324(4) and 351(2) of the BNS. 5. Thereafter, the petitioners moved an application dated 12.06.2025 seeking monitoring of the investigation, contending that only bailable offences were registered and several accused persons were deliberately omitted. Vide order dated 16.06.2025, the learned JMFC observed that despite allegations involving loot, 5 public humiliation and accusations of “jadu-tona”, appropriate cognizable offences were not added and that the police had failed to comply with earlier judicial directions. Considering the apparent bias in investigation, the learned trial Court issued a show-cause notice to the Investigating Officer on 20.06.2025 for dereliction of duty. The reply submitted by the SHO merely cited lack of evidence and failed to address the serious allegations of assault, loot and public humiliation. Vide order dated 30.07.2025, the learned JMFC, after perusal of the case diary, held that only a perfunctory enquiry had been conducted, discarded the police reply, and recorded that the investigation was biased and appeared to protect the accused persons. 6. The learned trial Court further recommended disciplinary action against the SHO, Police Station Abhanpur, to the Superintendent of Police, Raipur. Despite repeated judicial directions, the police authorities have failed to conduct a fair investigation and, even after more than six months, no charge-sheet has been filed. Several representations made by the petitioners seeking proper investigation have remained unheeded. Hence, this petition. 7. Considering the nature and gravity of the allegations, as also the repeated judicial findings indicating a perfunctory and biased investigation, on 08.01.2026, this Court directed the Director General of Police, State of Chhattisgarh to file his personal affidavit placing on record the steps taken by the police authorities in compliance with the orders dated 04.06.2025, 16.06.2025 and 6 30.07.2025 passed by the learned Judicial Magistrate First Class, Raipur; the present status of investigation in FIR bearing Crime No. 221/2025, including reasons for non-filing of the charge-sheet despite lapse of considerable time; the justification, if any, for omission of appropriate cognizable and non-bailable offences despite specific judicial observations; the action taken pursuant to the recommendation for departmental proceedings against the Station House Officer, Police Station Abhanpur; and the measures adopted to ensure a fair, impartial and effective investigation in cases involving allegations of mob violence and public humiliation. 8. In compliance of the Court’s order dated 08.01.2026, an affidavit has been filed by the Director General of Police, State of Chhattisgarh stating therein that with respect to the present status of investigation in Crime No. 221/2025, it is respectfully submitted that the investigation has been completed and the final charge- sheet has been filed before the learned JMFC, Raipur. It was submitted that, no deliberate delay has been caused in filing of the charge sheet and after completion of investigation in aforesaid crime number the charge sheet was prepared and filed before the competent court. With regard to the concern of this Hon'ble Court regarding omission of certain offences, it was submitted that the police authorities examined all allegations during investigation and were registered strictly on the basis of material evidence collected. Certain offences were not included as the evidence available on record was found insufficient to sustain those 7 charges at the stage of filing of the charge-sheet. With respect to action taken against the Station House Officer, Police Station Abhanpur, it was submitted that pursuant to judicial observations, an enquiry was conducted by the City Superintendent of Police, Nawa Raipur. Based on the findings of the enquiry, the Senior Superintendent of Police, Raipur, imposed the punishment of ARY Censure vide order dated 16.01.2026. The Inspector General of Police, being in disagreement to the punishment of Censure, has passed an order directing a full-fledged departmental enquiry against the T.I. and S.H.O. of the concerned Police Station. 9. Vide order dated 03.02.2026, the Director General of Police, State of Chhattisgarh was further directed to file his personal affidavit in that regard. Further, direction was issued to strictly adhered to the Standard Operating Procedure issued for prevention and dispersal of unlawful assembly so that no such instances regarding parade of accused on the road who are involved in Criminal Case should be brought to the notice of Court again. 10. In compliance of the Court’s order dated 03.02.2026, another affidavit has been filed by the Director General of Police, State of Chhattisgarh stating therein pursuant to the direction issued by the Inspector General of Police, approval was granted for initiation of a full-fledged joint departmental enquiry against the said officials and pursuant to the said approval, the Superintendent of Police, Raipur (Rural) issued a departmental charge-sheet dated 09.03.2026 against the concerned officials under the provisions of 8 the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. The charge-sheet has already been served upon the delinquent officials and departmental proceedings have been formally initiated. It has been further stated in the affidavit that in order to prevent incidents of mob violence, mob lynching and unlawful assemblies, the Police Headquarters, Chhattisgarh has issued directions to all field units reiterating earlier instructions issued in compliance with the judgment of the Hon’ble Supreme Court in Tehseen S. Poonawalla vs. Union of India. Detailed Standard Operating Procedures (SOPs) have also been circulated to ensure prompt registration of FIRs in cognizable offences, proper investigation and effective preventive measures. Vide order dated 16.03.2026, the Director General of Police, State of Chhattisgarh was further directed to place on record the outcome of the departmental enquiry initiated against the aforesaid delinquent officers by filing a fresh affidavit and the case was directed to be fixed 28.04.2026. 11. On 28.04.2026, an another affidavit has been filed by the Director General of Police, State of Chhattisgarh stating therein that in compliance of the Court’s order, a departmental enquiry has been instituted by the Inspector General Police, Raipur Zone, against the concerned delinquent officers, namely, Inspector Siddheshwar Pratap Singh and Sub-Inspector Narsingh Sahu. Further, the Additional Superintendent of Police (Crime), Raipur Rural, has been appointed as the Enquiry Officer in the said departmental 9 proceedings. It has been further stated that during the course of the departmental enquiry, the statements of three prosecution witnesses have been recorded and they have also been duly cross-examined by/on behalf of the delinquent officers. Further, during the course of enquiry, the statement of the Preliminary Enquiry Officer, namely the Deputy Superintendent of Police, Naya Raipur, was also recorded and he was duly cross-examined by the delinquent officers, and a copy of the enquiry proceedings has been supplied to the delinquent officers. It has been also stated that in the departmental enquiry, the statements of the delinquent officers along with their cross-examination have also been recorded in the presence of the defense assistant and the presenting officer, and copies of the same have been supplied to both the delinquent officers and thereafter, a communication has been issued to the Presenting Officer, namely Shri Lambodar Patel, Deputy Superintendent of Police, Mana, Raipur Rural, calling upon him to submit the brief report in the matter. In compliance thereof, the said brief report has been submitted by the Presenting Officer to the office of the Additional Superintendent of Police (Crime), Raipur Rural, who is the Enquiry Officer. It was also submitted that the Enquiry Officer, namely the Additional Superintendent of Police (Crime), Raipur Rural, was on leave till 30.04.2026, and upon resuming duties, the Enquiry Officer shall forward the brief report to the delinquent officers; afford them an opportunity to submit their representation; and thereafter prepare and submit the final enquiry report in 10 accordance with law. 12. Considering the aforesaid facts and circumstances, the Director General of Police was directed to file a fresh affidavit informing this Court about the outcome of the enquiry initiated against the delinquent officers and fixed the case for today i.e. 22.06.2026. 13. Today, when the matter is called out, an affidavit has been filed by the Director General of Police, State of Chhattisgarh. Relevant portion of the said affidavit reads as under : “5. That the departmental enquiry has since been concluded. Upon completion of the enquiry proceedings, recording of evidence, cross- examination of witnesses, consideration of the statements of the delinquent officers and examination of the defense representations submitted by them, the disciplinary authority, namely the Inspector General of Police, Raipur Zone, Raipur, has passed a final order dated 18.06.2026. 6. That the enquiry arose out of serious lapses committed in connection with a complaint submitted by Shri Naresh Kumar and others regarding an incident involving allegations of assault, public humiliation, forcible parading and looting. Despite the order passed by the learned Judicial Magistrate First Class, Raipur on 04.06.2025 directing registration of an FIR against all concerned accused persons under appropriate penal provisions, proper and prompt action was not taken at the police station level. 7. That during the enquiry, it was found that instead of registering the offence under the appropriate and relevant penal provisions commensurate with the 11 allegations disclosed in the complaint and the material available on record, only offences under comparatively minor and bailable provisions of the Bharatiya Nyaya Sanhita were registered and the accused persons were released on bail bonds. The enquiry further revealed that despite disclosure of serious cognizable offences, appropriate penal provisions were not invoked, thereby amounting to negligence, dereliction of duty and violation of the applicable Police Regulations. 8. That the Enquiry Officer, after conducting a detailed departmental enquiry, found the charges levelled against both the delinquent officers to be duly proved. The enquiry report was thereafter placed before the disciplinary authority. The delinquent officers were afforded full opportunity of hearing and submitted their respective defense representations dated 17.06.2026, which were duly considered. 9. That Inspector Siddheshwar Pratap Singh, in his defense, attempted to contend that he was not posted at the relevant place during a particular period, whereas Sub-Inspector Narsingh Sahu sought to justify his conduct on the ground that sufficient evidence was not available during the course of investigation. Upon consideration of the entire material available on record, the disciplinary authority found the said explanations unsatisfactory and devoid of merit and accordingly rejected the same. 10. That upon independent consideration of the enquiry report, evidence available on record and the defense representations submitted by the delinquent officers, the Inspector General of Police, Raipur Zone, Raipur, by final order dated 18.06.2026, held both the 12 delinquent officers guilty of misconduct, negligence and failure to discharge their duties in accordance with law. 11. That by the said final order dated 18.06.2026, the following punishment has been imposed upon both the delinquent officers: "Withholding of one annual increment for a period of one year without cumulative effect." The disciplinary authority has specifically directed that the punishment shall not have any permanent effect on future pay fixation or pensionary benefits beyond the stipulated period. 12. That in view of the aforesaid final order dated 18.06.2026, the departmental enquiry initiated against the delinquent officers stands concluded and disciplinary action has been taken against them in accordance with law. Copy of the final order (Antim Aadesh) dated 18.06.2026 passed by the Inspector General of Police, Raipur Zone, Raipur is being filed herewith and marked as ANNEXURE A-1 for the kind perusal of this Hon'ble Court.” 14. Upon perusal of the affidavit, it transpires that the departmental enquiry against the concerned police officials has been concluded and the charges of negligence, dereliction of duty and failure to register and investigate the case under appropriate penal provisions were found proved. The disciplinary authority, after considering the enquiry report and the defence submitted by the delinquent officers, rejected their explanations and imposed the penalty of withholding one annual increment for one year without cumulative effect by order dated 18.06.2026. Thus, disciplinary action has already been taken against the erring officials and the 13 departmental proceedings stand concluded. 15. Having heard learned counsel for the parties and upon perusal of the affidavits filed by the Director General of Police, State of Chhattisgarh from time to time, this Court finds that the concerns which weighed with this Court while entertaining the present petition have been substantially addressed. Pursuant to the directions issued by this Court, the status of investigation has been placed on record and it has been informed that investigation in Crime No.221/2025 has been completed and charge-sheet has already been filed before the competent Court. 16. This Court further finds that, in compliance with the observations made by the learned Judicial Magistrate First Class as well as the directions issued by this Court, a departmental enquiry was initiated against the concerned police officials. The enquiry has culminated in a final order dated 18.06.2026 passed by the Inspector General of Police, Raipur Zone, Raipur, whereby the charges of negligence, dereliction of duty and failure to discharge official duties in accordance with law have been held proved against the delinquent officers. Consequently, disciplinary punishment has been imposed upon them. 17. The affidavits further disclose that the Police Headquarters has issued necessary directions and reiterated the Standard Operating Procedures for dealing with incidents involving unlawful assemblies, mob violence and cognizable offences so as to ensure prompt registration of offences and fair investigation in 14 future. Thus, the remedial and corrective measures sought to be achieved through the present proceedings have already been undertaken by the respondent authorities. 18. In view of the aforesaid subsequent developments, namely, completion of investigation and filing of the charge-sheet, conclusion of the departmental enquiry and imposition of punishment upon the erring officials, no further direction survives for consideration in the present writ petition. 19. Accordingly, the writ petition stands disposed of. It is, however, observed that the trial arising out of Crime No.221/2025 shall proceed independently and be decided on its own merits in accordance with law, uninfluenced by any observation made in the present proceedings. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra