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2026 DAILYLAW 34990 (CHH)

FAISAL KHAN v. STATE OF CHHATTISGARH

WPCR/525/2026 · 2026-09-07

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010344232026 2026:CGHC:39369-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 525 of 2026 Faisal Khan S/o Chand Khan Aged About 40 Years R/o Barpali, Chowk Champa, P.S. Champa, District- Janjgir- Champa (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary, Home Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, District- Raipur, Chhattisgarh 2. The District Magistrate District- Janjgir- Champa (C.G.) 3. The Superintendent Of Police, District- Janjgir- Champa (C.G.) 4. The Station House Officer, Police Station Champa, District- Janjgir- Champa (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Ritesh Verma, Advocate. For Respondents/State : Mr. Rahul Tamaskar, Government Advocate. Hon'ble Shri Krushna Ram Mohapatra , Chief Justice Hon'ble Shri Sanjay Kumar Jaiswal , Judge Order on Board Per Krushna Ram Mohapatra , Chief Justice 08 .09.2026 1. Heard Mr. Ritesh Verma, learned counsel for the petitioner. Also heard Mr. Rahul Tamaskar, learned Government Advocate, appearing for the State/respondents. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.09.09 11:51:06 +0530 2 2. The petitioner in this WPCR prays for the following reliefs: “1. that, the Hon’ble Court may kindly be pleased to issue an appropriate writ or directions for calling entire original record relating to the externment proceedings initiated against the petitioner under the Chhattisgarh Rajya Suraksha Adhiniyam, 1990. 2. that, the Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction and quash/set aside the order passed in Criminal Case No. 05/2022, by the respondent No. 2/District Magistrate, Janjgir- Champa on dated 12.05.2026, under Sections 3 and 5 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990. 3. that, the Hon’ble Court may kindly be pleased to hold the material relied upon by the respondent authority does not satisfy the statutory requirement for externment of the petitioner. 4. that, the Hon’ble Court may kindly be pleased to issue appropriate writ or direction for granting any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 3. Mr. Ritesh Verma, learned counsel for the petitioner, in the course of hearing, submits that the petitioner was not given adequate opportunity before the learned District Magistrate, Janjgir-Champa to defend his case. 4. Mr. Rahul Tamaskar, learned Government Advocate submits that the petitioner has an efficacious statutory remedy under the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (for short, ‘Adhiniyam of 1990’) to avail remedy of appeal before the State Government under Section 9(1) of the Adhiniyam of 1990. 5. In view of the above, Mr. Verma, learned counsel for the petitioner 3 prays for withdrawal of the WPCR to avail statutory remedy before the appropriate authority. He also undertakes to file appropriate application for condonation of delay, if any, before the appellate authority for consideration. 6. WPCR stands disposed of as withdrawn with the above observations. Sd/- Sd/- (Sanjay Kumar Jaiswal) (Krushna Ram Mohapatra) Judge Chief Justice Brijmohan