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CGHC010292222026
2026:CGHC:36198-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 471 of 2026 Raja Gupta S/o Late Shri Dwarika Gupta Aged About 45 Years R/o Village Parchanpal, Tehsil And District- Bastar, (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, (C.G.) 2 - Superintendent Of Police District- Bastar (Jagdalpur), (C.G.) 3 - Station House Officer Police Station- Bhanpuri, District- Bastar, (C.G.) 4 - Prem Shankar Shukla S/o Late Shri Gajadhar Shukla Aged About 63 Years R/o Maa Ganga Devi Ward, Bastar, District- Bastar, (C.G.) Presently R/o Chitrakut Road, Dharampura Sai Mandir, Behind Petrol Pump, Dharampura, Jagdalpur, District- Bastar, (C.G.)
... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Prakshay Shrivastava, Advocate For Respondents/State : Mr. Shaleen Singh Baghel, Govt. Advocate
Hon'ble
Shri
Ramesh Sinha, Chief Justice
Hon'ble
Shri R
avindra Kumar Agrawal
, Judge
Order on Board VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.08.17 17:17:19 +0530
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Ramesh Sinha, C.J.
14/08/2026
1. The present writ petition has been filed by the petitioner with the following prayers:
“In view of the facts and circumstances stated above, this Hon'ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ, order, or direction, commanding the Respondent authorities to register an FIR against Respondent No. 4 for the commission of cognizable offences, including theft, criminal misappropriation, and criminal intimidation, based on the Petitioner's complaint dated 23.07.2024, and to ensure a fair, impartial, and scientific investigation into the unauthorized dismantling and disposal of the Petitioner's industrial assets.”
2.
Learned counsel for the petitioner submits that despite the complaint disclosing cognizable offences of theft, criminal misappropriation and criminal intimidation, the police have failed to register an FIR and conduct any investigation. It is submitted that the pending arbitration proceedings do not bar investigation into independent criminal offences. Relying upon Lalita Kumari v. Government of Uttar Pradesh, 2014 (2) SCC 1, the counsel prays for a direction to the respondent authorities to register an FIR and conduct a fair investigation in accordance with law.
3. We have perused the prayers and pleadings made in the writ petition.
4. Learned State counsel, on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the Court
3 / 3 below by filing an application under Section 156(3) or under Section 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 vide judgment and order dated 14.12.2020 as well as by this Court in WPCR No.333 of 2020 (Akhilesh Agrawal v. 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 liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved