1 2026:CGHC:15288-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 172 of 2026 1 - Sunil Godwani S/o Late Sirumal Godwani Aged About 54 Years R/o Shadaningar, Sindhi Colony, P.S. Mohan Nagar, Tahsil Durg, District- Durg (C.G.) At Present- Flat No. 503, A-Block, Amar Hights, Nadi Road, Ganjpara, P.S. City Kotwali, Tahsil- Durg, District- Durg (C.G.) 2 - Lakshya Godwani S/o Sunil Godwani Aged About 26 Years R/o Shadaningar, Sindhi Colony, P.S. Mohan Nagar, Tahsil Durg, District- Durg (C.G.) At Present- Flat No. 503, A-Block, Amar Hights, Nadi Road, Ganjpara, P.S. City Kotwali, Tahsil- Durg, District- Durg (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary Department Of Home, Mantralay Mahanadi Bhawan, New Raipur, District- Raipur, C.G. 2 - Superintendent Of Police Rajnandgaon District Rajnandgaon, C.G. 3 - Station House Officer P.S. Somni, Rajnandgaon, District Rajnandgaon, C.G. 4 - Atal Kumar Godwani S/o Late Sirumal Godwani Aged About 58 Years R/o Gurunanak Nagar, P.S. Mohan Nagar, Tahsil- Durg, District Durg (C.G.) 5 - Harsh Godwani S/o Atal Kumar Godwani Aged About 24 Years R/o Gurunanak Nagar, P.S. Mohan Nagar, Tahsil- Durg, District Durg (C.G.) VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.04.03 16:08:28 +0530 2 6 - Satyavan Godwani S/o Late Sirumal Godwani Aged About 60 Years R/o Shadani Ngar, Sindhi Colony, P.S. Mohan Nagar, Tahsil- Durg, District- Durg (C.G.) 7 - Kailash Godwani S/o Late Sirumal Godwani Aged About 62 Years R/o Shadani Ngar, Sindhi Colony, P.S. Mohan Nagar, Tahsil- Durg, District- Durg (C.G.) 8 - Karan Godwani S/o Kailash Godwani Aged About 26 Years R/o Shadani Ngar, Sindhi Colony, P.S. Mohan Nagar, Tahsil- Durg, District- Durg (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioners : Mr. Ravi Kumar Bodhani, Advocate (through virtual mode) along with Mr. Ankush Soni, 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 Per Ramesh Sinha, Chief Justice 02/04/2026 1. The present writ petition has been filed under Article 226 of the Constitution of India by the petitioners alleging inaction on the part of respondent authorities, particularly respondents No. 2 and 3, in not taking appropriate action on the complaints made by the petitioners against private respondents No. 4 to 8, despite serious allegations including illegal interference with property, assault, and improper investigation in connection with Crime No. 46/2026 registered at Police Station Somni, District Rajnandgaon. 3 2. The present petition has been filed by the petitioner seeking the following reliefs:- “10.1 That this Hon’ble court may kindly be pleased to call for the entire records pertaining to the case of the petitioners. 10.2 This Hon’ble court may kindly be pleased to direct the respondent no. 1 and 2 to initiate a proper direction against the respondent no. 3 in accordance with law and furthermore, the investigation into Crime No. 46/2026 should be conducted by another officer. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit.” 3. The facts of the case, in brief, are that the petitioner No.1, who is the owner of land bearing Khasra No. 167/2 admeasuring 2.0230 hectares situated at Village Joratarai, District Rajnandgaon, had established a crusher unit and saffron processing unit thereon after due diversion and necessary permissions, and has invested substantial amount in installation of machinery. It is alleged that respondent No.4, who is the elder brother of petitioner No.1, along with other private respondents, illegally entered the said property by breaking open the lock, dismantled and attempted to sell the installed machinery using gas cutters, and also sold the petitioner’s truck and crusher machines without consent. The petitioners further allege that despite lodging multiple written complaints dated 22.08.2025 and subsequent representations before the police authorities as well as the Superintendent of Police, no effective action has been taken against the private respondents. It is 4 also stated that on 19.02.2026, the petitioners were subjected to a violent assault by respondent Nos. 5 to 8 at the instance of respondent No.4, resulting in registration of Crime No. 46/2026 at Police Station Somni, District Rajnandgaon, however, the investigation is alleged to be biased and not conducted fairly. Being aggrieved by the continued inaction and alleged partisan conduct of respondent authorities, the petitioners have approached this Court seeking appropriate directions. 4. Learned counsel for the petitioners would submit that despite repeated written complaints made by the petitioners to the concerned police authorities, including complaint dated 22.08.2025 and subsequent representations, no effective or lawful action has been taken against private respondents No. 4 to 8, even though serious allegations of trespass, theft, illegal sale of machinery, and physical assault are clearly disclosed. It is further submitted that though Crime No. 46/2026 has been registered with respect to the incident dated 19.02.2026, the investigation is being conducted in a highly arbitrary and biased manner, and the concerned Station House Officer is acting in connivance with the private respondents, thereby frustrating a fair investigation. Learned counsel would contend that the inaction and apathy on the part of respondent authorities violate the petitioners’ fundamental rights and settled legal position mandating fair and proper investigation in cognizable offences, and therefore, this Court may be pleased to issue appropriate directions for conducting a fair investigation by an independent agency/another officer and to ensure that necessary legal action is taken against the erring private respondents in accordance with law. 5 5. Learned State counsel would oppose the petition and submit that the allegations made by the petitioners are misconceived and not maintainable under Article 226 of the Constitution of India. It is contended that, with respect to the incident dated 19.02.2026, a First Information Report bearing Crime No. 46/2026 has already been registered at Police Station Somni, District Rajnandgaon, and the matter is presently under investigation, which is being carried out strictly in accordance with law. It is further submitted that the petitioners have already availed an alternative statutory remedy by filing a complaint before the learned Judicial Magistrate First Class, Rajnandgaon, wherein proceedings are pending, and therefore, parallel proceedings before this Court are not warranted. Learned State counsel would argue that there is no material to substantiate the allegation of bias or inaction on the part of the police authorities, and the petitioners are attempting to give a criminal colour to what is essentially a private dispute. It is thus prayed that the present writ petition, being devoid of merit and involving disputed questions of fact, is liable to be dismissed. 6. We have heard learned counsel for the parties and perused the material available on record. 7. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the grievance of the petitioners primarily pertains to alleged improper and unfair investigation in respect of Crime No. 46/2026 registered at Police Station Somni, District Rajnandgaon. It is not in dispute that the FIR 6 has already been registered and the matter is under investigation. At this stage, this Court is not inclined to enter into the disputed questions of fact or to issue directions in the nature sought by the petitioners so far as taking action against private respondents is concerned. However, considering the allegations made regarding the manner of investigation, it would be appropriate to ensure that the investigation is conducted in a fair, impartial and expeditious manner in accordance with law. 8. Accordingly, without expressing any opinion on the merits of the case, the present petition is disposed of with a direction to the Superintendent of Police, Rajnandgaon to ensure fair investigation of the case in a proper and impartial manner. 9. It is further directed that the police report with respect to Crime No. 46 of 2026 be submitted within a period of six weeks from the date of receipt of a copy of this order. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved