Dr. Punit Gupta Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 68 of 2019

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Mantu Ram Pawar S/o Shri Subran Singh Pawar Aged About 52 Years R/o H. No. 172/c, Pakhanjur, District Kanker, North Bastar, Chhattisgarh. ...........Petitioner.

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---- Petitioner

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Versus

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State of Chhattisgarh Through Secretary, Department of Home, Mahanadi Bhawan Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh. ...........Res. No. 1.

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Mr. Bhupesh Baghel S/o Shri Nandkumar Baghel Aged About 56 Years Presently Chief Minister Chhattisgarh, R/o Chief Minister’s Residence, Civil Lines, Raipur, District Raipur, Chhattisgarh. ..........Res. No. 2.,

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Director General of Police, State of Chhattisgarh, Naya Raipur, Chhattisgarh. ..........Res. No. 3

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---- Respondents

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WPCR No. 77 of 2019

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Dr. Punit Gupta S/o Dr. G.B. Gupta Aged About 40 Years R/o Rajendra Nagar Infront Of Vijeta Complex, Raipur, Chhattisgarh.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhawan- Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh..

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Mr. Bhupesh Baghel S/o Shri Nandkumar Baghel Aged About 58 Years Presently Chief Minister- Chhattisgarh, R/o Chief Minister’s Residence, Civil Lines, Raipur, Disrtict- Raipur, Chhattisgarh.

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Smt. Kiranmayee Naik W/o Shri Vinod Kumar Naik Presently Working As Member Sanchar Samiti And Spokeswoman Of The Indian National

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Congress, R/o Chhattisgarh State Congress Office, Rajeev Bhawan, Raipur, District- Raipur, Chhattisgarh.

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Director General Of Police Govt. Of Chhattisgarh, Naya Raipur, Police Station Thana Pandri Through Thana Incharge, Pandri, Raipur, Chhattisgarh..

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---- Respondents

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WPCR No. 78 of 2019

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Dr. Punit Gupta S/o Dr. G.B. Gupta Aged about 40 years R/o Rajendra Nagar, In Front of Vijeta Complex Raipur Chhattisgarh.

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---- Petitioner Versus

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State of Chhattisgarh Through Secretary, Department of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur Chhattisgarh.

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Mr. Bhupesh Baghel S/o Shri Nandkumar Baghel Aged About 56 Years Presently Chief Minister - Chhattisgarh, R/o Chief Minister’s Residence, Civil Lines, Raipur, District Raipur Chhattisgarh.

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Director General of Police, State of Chhattisgarh, Naya Raipur.

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---- Respondents

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WPCR No. 81 of 2019

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Mantu Ram Pawar S/o Shri Subran Singh Pawar Aged About 52 Years R/o H.No. 172/c Pakhanjur, District- Kanker, North Bastar, Chhattisgarh..............(Petitioner), District : Bastar(Jagdalpur), Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhawan- Mantralaya, Atal Nagar- Naya Raipur, Chhattisgarh..........(Respondent No.1), District : Raipur, Chhattisgarh

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Bhupesh Baghel S/o Shri Nandkumar Baghel Aged About 56 Years Presently Chief Minister- Chhattisgarh, R/o Chief Minister’s Residence, Civil Lines, Raipur, District- Raipur, Chhattisgarh.........(Respondent No.2), District : Raipur, Chhattisgarh

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Smt. Kiranmayee Naik W/o Shri Vinod Kumar Naik Presently Working As Member Sanchar Samiti And Spokeswoman Of The Indian National Congress, R/o Chhattisgarh State Congress Office, Rajeev Bhawan, Raipur, District- Raipur, Chhattisgarh.........(Respondent No.3), District : Raipur, Chhattisgarh

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Director General Of Poliec Govt. Of Chhattisgarh, Naya Raipur, Chhattisgarh.........(Respondent No.4), District : Raipur, Chhattisgarh

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Police Station Thana Pandari Through Thana Incharge, Pandri, Raipur, Chhattisgarh.........(Respondent No.5), District : Raipur, Chhattisgarh

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---- Respondents

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WPCR No. 101 of 2019

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Rajesh Munat S/o Shri P C Munat Aged About 56 Years R/o Maulshree Vihar , V I P Road, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through Principal Secretary, Department of Home, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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Superintendent Of Police Through Station House In Charge, Police Station Pandri- Mowa, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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Kiran Mayee Nayak W/o Shri Vinod Kumar Naik Presently Working As Member Sanchar Samiti And Spokes Women Of The Indian National Congress, Chhattisgarh State Congress, Office, Rajeev Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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---- Respondents

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(Cause title taken from Case Information System)

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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.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey, Judge Order on Board

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Per Ramesh Sinha, Chief Justice

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06.05.2024

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1 . Heard Mr. Samir Uraon, learned counsel for the petitioner in WPCR Nos. 68/2019 & 81/2019, Ms. Ayushi Agrawal, Mr. Amiya Bhushan & Mr. Abhishek Chandra, learned counsel for the petitioner in WPCR Nos.77/2019 & 78/2019 & Mr. Sharad Mishra, learned counsel for the petitioner in WPCR No. 101/2019. Also heard Mr. Prafull N. Bharat, learned Advocate General along with Mr. Sangharsh Pandey, learned Government Advocate appearing for State.

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2 . In WPCR No. 68/2019, the petitioner has prayed for following reliefs:

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“10.1 That, this Hon'ble Court may graciously be pleased to issue appropriate writ, order, direction setting aside/quashing the order dated 28 th January 2019 (Annexure P/1) issued by the respondent no. 3 by which the Special Investigation Team is being constituted.

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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.

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10.3 Any other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case.

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10.4 The cost of the petition may also be granted in favor of the petitioner.”

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3 . In WPCR No. 77/2019, the petitioner has prayed for following reliefs:

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“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).

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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 & 4 to stop abusing his position of power to arm-twist the enforcements agencies by making them act at his behest.

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10.3 Any other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case.

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10.4) The cost of the petition may also be granted in favor of the petitioner.”

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4 . In WPCR No. 78/2019, the petitioner has prayed for following reliefs:

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“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.

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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.

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10.3 Any other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case.

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10.4 The cost of the petition may also be granted in favor of the petitioner.”

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5 . In WPCR No. 81/2019, the petitioner has prayed for following reliefs:

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“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).

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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 & 4 to stop abusing his position of power to arm-twist the enforcement agencies by making them act at his behest.

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10.3 Any other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case.

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10.4 The cost of the petition may also be granted in favor of the

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petitioner.”

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6 . In WPCR No. 101/2019, the petitioner has prayed for following reliefs:

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“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.

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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.

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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.

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D. Any others relief as this Hon'ble Court may deem fit in the facts and circumstance of the case.

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E. That the cost of the petition may kindly also be awarded to the petitioner.”

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