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2026 DAILYLAW 8393 (CHH)

MUKESH KUMAR MURARKA v. STATE OF CHHATTISGARH

WPCR/75/2026 · 2026-02-03

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:6177-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 75 of 2026 1 - Mukesh Kumar Murarka S/o Late Shri Nathmal Murarka, Aged About 54 Years R/o Murarka Petrol Pump Power House Road Korba/ Transport Nagar Korba District Korba C.G. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Home, Mahanadi Bhawan, New - Raipur, P.S.- Rakhi, District Raipur, C.G. 2 - The Superintendent of Police Korba, District Korba, C.G. 3 - The Station House Officer Through Police Station- City Kotwali, Korba, District Korba C.G. 4 - Rajesh Kumar Murarka S/o Late Shri Nathmal Murarka, Aged About 54 Years R/o Near Railway Crossing Korba, District Korba C.G. 5 - The Tehsildar Korba, District Korba C.G. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Ashutosh Shukla, Advocate For State-Respondents : Mr. S.S. Baghel, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Digitally signed by MOHAMMED AADIL KHAN Date: 2026.02.04 20:27:22 +0530 2 Order on Board Per Ramesh Sinha, Chief Justice 04-02-2026 1. The present writ petition has been filed by the petitioner seeking the following relief(s): “10.1 The Hon'ble Court may kindly be pleased to issue appropriate writ directing the respondent state authority to take penal actions against the Respondent No 04 Rajesh Murarka for Cheating against the Petitioner. 10.2 The Hon'ble Court may kindly be pleased to direct the respondents for issuance of directions for registration of F.I.R. under Section 318,329, of the Bhartiya Nyaya Sanhita 2023, also initiating proceedings for offences punishable under the provisions of Bhartiya Nyaya Sanhita 2023 as well. 10.3 The Hon'ble Court may kindly be pleased to direct the respondent no. 2 for taking actions against Respondent No 04 and taking criminal action against him. 10.4 Pass such other and further orders as may be deemed fit and proper in the facts and circumstance of the present case in the interest of justice.” 2. Learned counsel for the petitioner submits that on the complaint made by the petitioner no action has been taken by the State/ 3 respondents. 3. We have perused the prayers and pleadings made in the writ petition. 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 under Section 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 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 v. 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 liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil