1 CGHC010296222022 2026:CGHC:33341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 149 of 2022 1 - State Of Chhattisgarh Through The Principal Secretary, Home Department, Mahanadi Bhawan, New Raipur,, Chhattisgarh 2 - The Director General Of Police, Police Head Quarter, Sector 19, New Raipur, Chhattisgarh 3 - The Assistant Director General Of Police, Police Head Quarter, Sector 19, New Raipur, Atal Nagar,, District : Raipur, Chhattisgarh 4 - The Superintendent Of Police, Rajnandgaon,, District : Rajnandgaon, Chhattisgarh --- Applicants versus Mukesh Kumar S/o Hevas Ram, Aged About 26 Years R/o Village Sonadula, Post Sankar, Police Station Akaltara,, District : Janjgir-Champa, Chhattisgarh --- Respondent For applicants : Mr. D.R. Minj, Dy. Adv. General For respondent : Mr. Saket Pandey, Adv. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 2 31-7-2026 1. This review petition has been filed by the applicants/State seeking review/recall of the order dated 9-7-2021 passed by this Court in WP(S) No. 3435/2021. 2. By order dated 9-7-2021 passed in WP(S) No. 3435/2021, this Court passed the following directions in paragraphs 5 and 6: “5. In view of the aforesaid observations made by the Hon’ble Supreme Court in the case of Avtar Singh Vs. Union of India and ors [(2016) 8 SCC 471], this Court is of the opinion that the respondent no.4 may consider the claim of the petitioner for issuance of an order of appointment keeping in view the views of the Hon’ble Supreme Court in the aforementioned judgment. The respondent no.4 is therefore directed to take an appropriate decision on the claim of the petitioner for grant of appointment at the earliest preferably within a period of 60 days from the date of receipt of a copy of this order. 6. With the aforesaid direction the writ petition stands disposed of.” 3. Learned counsel for the applicants/State submits that, in the aforesaid writ petition, the petitioner had disclosed only one criminal case registered against him, i.e., Crime No. 38/2020 registered at Police Station Akaltara. Accordingly, relying upon the decision of the Hon’ble Supreme Court in Avtar Singh (supra), this Court, by order dated 9-7- 2021, directed the applicants/ respondents therein to consider the case of the respondent/ petitioner therein for appointment to the post of 3 Constable. It is further submitted that, after receipt of the said order, when the case of the petitioner was considered by the respondent authorities, it was found that another criminal case bearing Crime No. 41/2020 (learned State counsel submits that in para 5 of the review petition, wrong Crime No. 42/2020 has been mentioned) had also been registered against the respondent at Police Station Akaltara for the offences punishable under Sections 147, 148, 149, 294, 506 and 323 of the Indian Penal Code, which fact was concealed by the petitioner from this Court. It is also submitted that, without affording an opportunity to the State to file its return, the impugned order came to be passed by this Court, enabling the respondent to obtain an order in his favour. Therefore, it is prayed that the instant review petition be allowed, the order dated 9-7-2021 passed in WP(S) No. 3435/2021 be recalled, and the said writ petition be restored to its original file. 4. In reply, learned counsel appearing for the respondent submits that, in view of the grounds raised by the applicants/State and the documents placed on record pertaining to the respondent, he has no objection if the instant review petition is allowed and WP(S) No. 3435/2021 is restored to its original number. 5. Having considered the aforesaid facts and circumstances of the case, particularly the fact that, prior to filing of WP(S) No. 3435/2021, two criminal cases had allegedly been registered against the respondent, but he disclosed only one case i.e. Crime No. 382020 and he concealed the fact that another criminal case bearing Crime No. 41/2020 was also registered against him at Police Station Akaltara for the offences punishable under Sections 147, 148, 149, 294, 506 and 4 323 of the Indian Penal Code, this review petition deserves to be and is accordingly allowed. Consequently, the order dated 9-7-2021 passed by this Court in WP(S) No. 3435/2021 is recalled. The Registry is directed to restore WP(S) No. 3435/2021 (Mukesh Kumar Vs. State of Chhattisgarh and others) to its original number and list the same before the appropriate Bench as per the roster. 6. Pending interlocutory application(s), if any, shall stand disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. 8. Review petition is allowed. Sd/- (Naresh Kumar Chandravanshi) Judge pathak AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.08.03 11:37:28 +0530