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2026 DAILYLAW 35593 (CHH)

SUKHDEV KASHYAP v. STATE OF CHHATTISGARH

CRMP/2377/2026 · 2026-09-10

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010354052026 2026:CGHC:39807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2377 of 2026 1 - Sukhdev Kashyap S/o Late Shri Ram Kumar Kashyap, Aged About 36 Years R/o Village Bandha, Thana Lalpur, Distt. Mungeli (C.G.) ... Petitioner versus 1 - State of Chhattisgarh through District Magistrate, Mungeli, Distt. Mungeli (C.G.) 2 - Superintendent Of Police Mungeli Distt. Mungeli (C.G.) 3 - Station House Officer, Police Station - Lalpur Distt - Mungeli (C.G.) 4 - Kunjbihari Kashyap, S/o Late Shri Ratanlal Kashyap, Aged About 40 Years R/o Village Bandha, Thana - Lalpur, Distt. Mungeli (C.G.) ... Respondent(s) (Cause title is taken from CIS) For Petitioner :Mr. Sunil Sahu, Advocate For State/Respondents :Mr. Pranjal Shukla, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 11/09/2026 1. Petitioner has filed this writ petition seeking following reliefs:- RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2026.09.15 17:58:10 +0530 2 “(A) This Hon'ble court many kindly be pleased to direct the Respondent Authorities to conduct fair, impartial, effective and further investigation in connection with Crime No.03/2026 registered at Police Station Lalpur, District Mungeli, for the offences punishable under Sections 103(1), 109(1), 190, 191(1), 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023 by any independent investigation agency other than the respondent No. 3. (B) Direct the investigating agency to duly consider and verify the statements of the petitioner eyewitness and other injured/eyewitnesses recorded during investigation, who have specifically attributed the role of Respondent No. 4 in the commission of the alleged offence. (C) Direct the investigating agency to investigate the other routes/doors of Respondent No.4 house, the distance and accessibility between his residence and the place of occurrence. (D) That this Hon'ble court may kindly be pleased to direct the concerned authorities to take appropriate action in accordance with law against Respondent No. 4 who is an accuse of serious offence of murder.” 2. Learned counsel for the petitioner would submit that petitioner is complainant. Based on the complaint made by the petitioner FIR bearing Crime No.0003/2026 was registered at Police Station Lalpur, District Mungeli for alleged commission of offences under Sections 103(1), 109(1), 190, 191(1), 191(2) and 191(3) of Bhartiya Nyaya Sanhita, 2023. After investigation police has submitted the charge sheet on 07.04.2026, however the material collected by the police during investigation is only favouring the defence. He submits that the police has not conducted proper 3 enquiry and not implicated respondent No.4 in the crime only on the basis of CCTV footage, therefore, this petition is filed. 3. Learned counsel for the respondent-State would submits that if grievance of petitioner is that all the accused persons have not been implicated and once the charge sheet is filed, there is remedy available with the petitioner to file appropriate application before the concerned Court where the charge sheet has been filed or before the trial Court. 4. I have heard learned counsel for the parties and also perused the documents available on record. 5. From perusal of record, it appears that after registration of crime, police investigated the crime thereafter police has also submitted final report on 07.04.2026, if for any reason the petitioner is aggrieved with the manner in which the investigation is conducted and some accused persons have not been implicated in the crime, petitioner is having the efficacious remedy under BNSS for filing the appropriate application before the Magistrate or the concerned Court. 6. For the foregoing discussion I do not find it appropriate to entertain the present petition. 7. Accordingly this CRMP is dismissed. Sd/- (Parth Prateem Sahu) Judge Ravi Mandavi