Five writ petitions sought quashing of an FIR in Crime No. 0039/2019 and of a Special Investigation Team constitution order, alleging abuse of power by enforcement agencies. Counsel stated investigation was complete and closure reports filed; the State did not dispute this. The Court disposed of the petitions without deciding the merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 68 of 2019
---- Petitioner
Versus
---- Respondents
WPCR No. 77 of 2019
---- Petitioner
Versus
2
Congress, R/o Chhattisgarh State Congress Office, Rajeev Bhawan, Raipur, District- Raipur, Chhattisgarh.
---- Respondents
WPCR No. 78 of 2019
---- Petitioner Versus
---- Respondents
WPCR No. 81 of 2019
---- Petitioner
Versus
3
---- Respondents
WPCR No. 101 of 2019
Versus
4
---- Respondents
(Cause title taken from Case Information System)
| For Petitioners | : Mr. Samir Uraon, Advocate in WPCR Nos. 68/2019 & 81/2019 |
|---|---|
| Ms. Ayushi Agrawal, Mr. Amiya Bhushan | |
| & Mr. Abhishek Chandra, Advocates in WPCR Nos.77/2019 & 78/2019 & |
|
| Mr. Sharad Mishra, Advocate in WPCR | |
| No. 101/2019 | |
| For State/Respondent | : Mr. Prafull N. Bharat, Advocate General along with Mr. Sangharsh Pandey, G.A. |
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey, Judge Order on Board
Per Ramesh Sinha, Chief Justice
06.05.2024
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10.2 That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction to the respondent no. 2 to stop abusing his position of power to arm-twist the enforcement agencies by making them act at his behest.
10.3 Any other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case.
10.4 The cost of the petition may also be granted in favor of the petitioner.”
“10.1) That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction setting aside/quashing First Information Report dated 03.02.2019 in Crime No. 0039/2019 at Police Station Pandri, Raipur (C..O (Annexure P/1).
10.2) That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction to the respondent no.2 & 4 to stop abusing his position of power to arm-twist the enforcements agencies by making them act at his behest.
10.3 Any other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case.
10.4) The cost of the petition may also be granted in favor of the petitioner.”
4 . In WPCR No. 78/2019, the petitioner has prayed for following reliefs:
“10.1 That, this Hon'ble Court may graciously be pleased to issue
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appropriate writ, order, direction setting aside/quashing the order dated 28.01.2019 (Annexure P/1) issued by the respondent no. 1 & 3 by which the Special Investigation Team is being constituted.
10.2 That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction to the respondent no. 2 to stop abusing his position of power to arm-twist the enforcement agencies by making them act at his behest.
10.3 Any other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case.
10.4 The cost of the petition may also be granted in favor of the petitioner.”
5 . In WPCR No. 81/2019, the petitioner has prayed for following reliefs:
“10.1 That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction setting aside/quashing First Information Report dated 03-02-2019 in Crime No. 0039/2019 at Police Station Pandri, Raipur (CG) (Annexure P/1).
10.2 That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction to the respondent no. 2 & 4 to stop abusing his position of power to arm-twist the enforcement agencies by making them act at his behest.
10.3 Any other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case.
10.4 The cost of the petition may also be granted in favor of the
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petitioner.”
“A. That this Hon'ble Court may kindly be pleased to allow this writ petition and call for the entire record pertaining to the present case.
B. That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction for setting aside/quashing the First Information Report (Now referred to as FIR), dated 03.02.2019 in Crime no.0039/2019 registered at Police Station Pandri-Mowa, Raipur – Chhattisgarh.
C. That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction to the respondent no. 03 to stop abusing his position of power to arm-twist the enforcement agencies by making them act at his behest.
D. Any others relief as this Hon'ble Court may deem fit in the facts and circumstance of the case.
E. That the cost of the petition may kindly also be awarded to the petitioner.”
Sd/Sd/- (Rajani Dubey) (Ramesh Sinha) Judge Chief Justice
Ruchi
2 issues framed by the court
Whether the FIR dated 03.02.2019 in Crime No. 0039/2019 at PS Pandri, Raipur should be quashed.
Whether the order constituting the Special Investigation Team dated 28.01.2019 should be set aside.
Mantu Ram Pawar
State of Chhattisgarh Through Secretary, Department of Home
Bhupesh Baghel, Chief Minister Chhattisgarh
Director General of Police, State of Chhattisgarh
Kiranmayee Naik (Nayak)
Dr. Punit Gupta
Ramesh Sinha
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
