Extracted from the PDF above. The PDF is authoritative.
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CGHC010476302025
2026:CGHC:36677-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 586 of 2025 Pradeep Kumar Sahu S/o Sudama Lal Sahu Aged About 37 Years R/o H.No. C-49, Vedenta City Colony, Old Dhamtari Road, Kandul, Raipur District- Raipur, Chhattisgarh.
... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Tikrapara, Purani Basti, Chhattisgarh. 2 - Rajesh Dewangan CSP, Purani Basti Police Station, Raipur, Chhattisgarh. 3 - Vinay Singh Baghel Station House Officer, Tikrapara Police Station, Raipur, Chhattisgarh. 4 - Surjeet Singh Sengar Constable, Tikrapara Police Station, Raipur, Chhattisgarh. 5 - Daneshwar Kumar Sahu Head Constable, Tikrapara Police Station, Raipur, Chhattisgarh. (Respondents)
... Respondent(s) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.08.17 17:41:29 +0530
2 (Cause title is taken from CIS) For Petitioner : Mr. Yuvraj Singh Chandel, Advocate. For Respondents/State : Mr. Jitendra Shrivastava, Govt. Adv. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
17.08.2026
1. Heard Mr. Yuvraj Singh Chandel, learned counsel for the petitioner. Also heard Mr. Jitendra Shrivastava, learned Govt. Advocate appearing for the respondents/State.
2. The present writ petition has been filed by the petitioner with the following prayers:
“(i) Issue a writ/order/direction in the nature of MANDAMUS directing Respondent No.1 to register an FIR and to forthwith initiate a fair, impartial and independent criminal investigation into the allegations against Respondent Nos.2 to 5 and to take appropriate departmental action against them. (ii) Issue a writ/order/direction in the nature of PROHIBITION restraining Respondent Nos.2 to 5 from detaining, arresting, prosecuting or harassing the Petitioner in any manner pending adjudication of the
3 present petition. (iii) Direct the Registrar General/Competent authority to preserve and produce the CCTV footage of Tikrapara Police Station for the dates and times: 09.07.2025 (14:00 to 22:30) and 30.08.2025 (15:30 to 23:00), 31/08/2025 (9AM TO 4 PM) and any other footage relevant to the incidents; (iv) Direct Respondent Nos.2 to 5 to pay exemplary and compensatory damages of Rs.50,00,000/- (Rupees Fifty Lakhs Only) to the Petitioner for illegal detention, custodial assault, mental agony and humiliation; (v) Pass an order directing an independent inquiry by a retired Judge / Commission of Inquiry to investigate the conduct of the police officers concerned and to recommend departmental and criminal action;”
3.
Learned counsel for the petitioner would submit that the petitioner seeks a direction to the respondents-authorities for registration of FIR against the erring Officers. He submits that the petitioner entered into an agreement with respondent No.2 for construction of a residential house, but despite receiving the agreed consideration, respondent No.2 failed to complete the construction. It is further submitted that despite repeated complaints to the police and other authorities, no effective action was taken and, instead, the petitioner was allegedly assaulted
4 and intimidated at the police station, followed by registration of a false FIR against him. Learned counsel, therefore, prays for appropriate directions for an independent investigation and preservation of the relevant CCTV footage.
4. Learned State counsel, on the other hand, submitted that the grievance of the petitioner can be very well redressed before the competent Court 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 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/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ S. Bhilwar