Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:17351-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 207 of 2026 Smt. Sangeeta Ketan Shah W/o Ketan M. Shah Aged About 48 Years Managing Director Of Simplex Casting, Ltd, R/o Suray Vihar Colony A5, Junwani, Bhilai, Distt. Durg, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home Police Affairs, Police Department Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - The Director General Of Police Police Head Quarter, (Phq) Sector 19, Atal Nagar Nawa Raipur, Distt. Raipur, Chhattisgarh. 3 - The Superintendent Of Police Durg, Distt. Durg, Chhattisgarh. 4 - Vishal Sone Deputy Superintendent Of Police Head Quarter, Dantewada, Distt. Dantewada South Bastar, Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Pratyaksh Sharma, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.04.17 13:46:36 +0530
2 16.04.2026
1. Heard Mr. Pratyaksh Sharma, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Deputy Government Advocate, appearing for the respondents/State.
2. The present writ petition has been filed by the petitioner with the following prayers:
“10.1 That this Hon'ble Court be pleased to Issue a writ of mandamus directing Respondent No. 3 (Superintendent of Police, District Durg) to register an FIR on the basis of the Petitioner's complaint, dated 06.02.2026 disclosing cognizable offences against Respondent No. 4 and other persons those who are involved. 10.2 That, this Hon'ble court be pleased to Direct investigation by Superintendent of police or constitution of an independent Special Investigation Team (SIT) or transfer of investigation to an independent agency or other authority not connected with the district police establishment, to ensure fair, impartial and credible investigation. 10.3 Cost of the petition may also be given.”
3.
Learned counsel for the petitioner would submit that the respondent No.3 (Superintendent of Police, District- Durg) is bound to register F.I.R. when receives complaint of cognizable offence. The petitioner gave complaint to the S.P. on 06.02.2026 disclosing cognizable offences against respondent No.4 and other persons
3 involved, but respondent No.3 has not registered offence against the respondent No.4. The petitioner further submits that respondent No. 4, a Deputy Superintendent of Police, developed close proximity with the petitioner during his posting at Jamul Police Station (2013-2014) and misused his official position to gain access to her business and property affairs, thereafter inducing her in respect of land at Village Kohka (Khasra Nos. 2049, 2023/2, 2071/2, 2023/1 and 2071/1) to pay Rs.10,00,000/- and execute an agreement to sell dated 18.02.2023 on the false assurance that it was a mere formality for removal of an unlawful tenant, which document is now being misused to exert pressure through frivolous proceedings. Further, he induced rental arrangements with defaulting occupants claiming his protection and has also dishonestly retained a company-owned Mahindra Scorpio-N bearing Registration No. CG-05-AP-5000, and by virtue of his position is shielding himself and his associates, leaving the Petitioner constrained to approach this Court. Learned counsel for the petitioner places reliance upon the judgment passed by the Hon’ble Supreme Court in the matter of Ramesh Kumari Vs. State (NCT of Delhi) and Others, reported in (2006) 2 SCC 677. 4. Learned State counsel, on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the Court below 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
4 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/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet