Extracted from the PDF above. The PDF is authoritative.
1
CGHC010349092026
2026:CGHC:40627-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 529 of 2026 Deepak Dhamecha S/o Late Roopchand Dhamecha Aged About 42 Years R/o S.S. Green, D.D.M. Road, Katghora, P.S. Kotwali, Distt. Korba, Chhattisgarh.
... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Home Affairs, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh. 2 - The Collector Korba, Distt. Korba, Chhattisgarh. 3 - The Superintendent Of Police Korba, Distt. Korba, Chhattisgarh. 4 - The Commissioner Municipal Corporation Korba, Distt. Korba, Chhattisgarh. 5 - The Station House Officer P.S. Kotwali, Distt. Korba, Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Shivang Dubey, Advocate. For Respondents/State : Mr. Amit Buxy, Dy. G.A. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 DB: Hon'ble Shri Justice
Narendra Kumar Vyas &
Hon’ble Shri Justice
Sudhir Kumar
Order on Board 17.09.2026 Per
Narendra Kumar Vyas, J
1. The present petition is filed by the petitioner seeking following relief(s):
“10.1 That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction prohibiting the Respondent No. 5 from illegally arresting/detaining the petitioner in the nature of preventive action under section 170 of BNSS; 10.2 That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction prohibiting the Respondent No. 5 to conduct fair, impartial and unbiased investigation into the allegations raised against the petitioner; 10.3 That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction to the respondent authorities to do fair investigation in the matter providing an opportunity of hearing to the present petitioner. 10.4 Any other relief as deemed fit by this Hon'ble Court including award the cost of the petition”
2.
Learned counsel for the petitioner would submit that, after registration of the FIR, the State intends to take preventive action against the petitioner under Section 170 of the BNSS.
3. From perusal of the record, it transpires that there is nothing on
3 record to suggest that any such action has been taken against the petitioner. However, the petitioner is at liberty to take recourse to the remedies available to him in accordance with law, if and when any such action is taken.
4. At this stage, no blanket direction can be issued to the State authorities to follow any particular procedure. Therefore, the present writ petition is premature at this stage.
5. Accordingly, the present petition stands dismissed. However, liberty is reserved in favour of the petitioner to take appropriate recourse in accordance with law, if he is aggrieved by any action taken by the respondent authorities. Sd/- (Narendra Kumar Vyas) Judge
Sd/- (Sudhir Kumar) Judge Akhil