1 CGHC010291042026 2026:CGHC:32824-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 425 of 2026 Piyush Gangwani (In Person) Son Of Late Ramchand Gangwani, Aged About 21 Years Resident Of Torwa, Bilaspur, Tahsil And District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home Mantralaya, Mahanadi Bhawan, Naya Raipur. District Raipur, (Chhattisgarh) 2 - Director General Of Police, Raipur, Distt. Raipur (C.G.) 3 - Superintendent Of Police, Bilaspur, Distt.Bilaspur (C.G.) 4 - The Station House Officer, Police Station Pachpedi District Bilaspur (C.G.) 5 - Narendra Kumar Motwani, Son Of Late Dularam, Motwani, Aged About 45 Years Resident Of Near Sai Mandir, Matra Chhaya Niwsas, Torwa Bilaspur, Tahsil And District Bilaspur Chhattisgarh ... Respondent(s) (cause title taken from CIS) For Petitioner(s) : Mr. Piyush Gangwani, petitioner in person For Respondent(s) : Mr. Praveen Das, Addl. Advocate General SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.07.31 10:48:44 +0530 2 Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 30.07.2026 1. Heard Mr. Piyush Gangwani, petitioner in person, appeared in the present petition and Mr. Praveen Das, Addl. Advocate General, appearing for the State/Respondents. 2. The petitioner has filed the instant writ petition under Article 226 of the Constitution of India seeking following relief(s):- (i) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent no. 1 to 4 to immediate further take action for arresting respondent no. 5 in connection of grievous offence under section 309 3(5) of B.N.S. in lodging FIR No. 204/2026, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to include excess offence in lodging FIR No. 204/2026 as per complaint and mentioned injuries of FIR No. 204/2026 at the earliest in the interest of justice. (iii) That, this Hon'ble Court may kindly be pleased to issue direction to give protection to the petitioner and his family members for their future of safety, at the earliest, in the interest of justice. (iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 3. The present petition arises out of an incident that occurred on 09.07.2026, when the petitioner, along with his two brothers, was proceeding towards Village Pachpedi after receiving information 3 regarding a road accident involving a relative. On reaching Village Binauri, they were allegedly intercepted by respondent No. 5 and his associates, who, due to previous enmity, assaulted the petitioner and his brothers with belts, fists and weapons, causing grievous injuries. It is further alleged that the accused persons also robbed the petitioner and his brothers of two mobile phones and cash. Although FIR No. 204/2026 was registered, the police allegedly registered the case only in respect of the offence of robbery under the provisions of the Bharatiya Nyaya Sanhita and failed to include the offences relating to the grievous injuries sustained by the victims. 4. It is submitted by the petitioner appearing in person that despite the registration of FIR No. 204/2026 in connection with the incident dated 09.07.2026, the respondent police authorities have failed to conduct a fair and impartial investigation. Though the FIR itself and the medical documents disclose that the petitioner and his two brothers sustained grievous injuries after being assaulted by respondent No. 5 and his associates with belts, fists, weapons and bracelets, the police have registered the case only for the offence of robbery under the provisions of the Bharatiya Nyaya Sanhita and have deliberately omitted the offences relating to the assault and injuries caused to the victims. It is further submitted that while two co-accused have been arrested, the principal accused, respondent No. 5, has not been arrested despite repeated representations made by the petitioner to the Superintendent of Police, Inspector General of Police and Director General of Police. The petitioner further submits that respondent No. 5 is a habitual offender having several criminal antecedents and has continued to threaten and intimidate the petitioner and his family members, besides 4 circulating objectionable videos to harass the petitioner, thereby creating a constant apprehension to their life and liberty. It is, therefore, prayed that this Court may be pleased to issue appropriate directions to the respondent authorities to ensure the immediate arrest of respondent No. 5, incorporation of all relevant offences in FIR No. 204/2026 in accordance with the material on record, and grant adequate police protection to the petitioner and his family members, in the interest of justice. 5. Learned State counsel would submit that the present writ petition is misconceived and not maintainable, as FIR No. 204/2026 has already been registered and the investigation is being carried out in accordance with law. It is submitted that two accused persons have already been arrested and the investigation against the remaining accused is still in progress. The petitioner cannot seek a writ directing the police to arrest a particular accused or to add specific penal provisions, as these matters fall within the exclusive domain of the investigating agency. It is, therefore, submitted that no interference is warranted in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India and the petition deserves to be dismissed. 6. We have heard learned counsel for the parties and perused the document annexed with the petition. 7. The pleadings on record would reveal that, pursuant to the complaint lodged by the petitioner, FIR No. 204/2026 has already been registered and the matter is presently under investigation. Since the investigation is in progress, this Court is not inclined to issue any direction with regard to the manner of investigation or the arrest of any particular 5 accused. However, in the interest of ensuring a fair and impartial investigation, the Superintendent of Police concerned is directed to ensure that the investigation is conducted strictly in accordance with law, uninfluenced by any extraneous consideration, and that the final police report is submitted before the competent Court within the time prescribed under law. 8. So far as the grievance of the petitioner regarding threat to his life and safety is concerned, if the petitioner has any genuine apprehension to his life or liberty, he shall be at liberty to approach the Superintendent of Police concerned by submitting an appropriate representation, and if such representation is made, the same shall be considered and dealt with in accordance with law after assessing the nature of the threat perceived by the petitioner. 9. With the aforesaid observations and directions, the present writ petition stands disposed of. 10. It is made clear that, if the petitioner remains aggrieved by the final report submitted by the investigating agency or by any action taken pursuant thereto, it shall be open for him to avail such remedy as may be available to him in accordance with law before the competent forum. No order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice sagrika