Niharika Lahre Vs State of Chhattisgarh

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2026:CGHC:2711-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPCR No. 29 of 2026

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Niharika Lahre W/o Harsh Tandon Aged About 21 Years R/o Village Dhabadih, P.S. Pamgarh, Distt. Janjgir Champa, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Home Department, Distt. Raipur, Chhattisgarh.

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2 - Director General Of Police Chhattisgarh, Raipur, Distt. Raipur, Chhattisgarh.

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3 - Inspector General Of Police Range Bilaspur, Chhattisgarh, Distt. Bilaspur, Chhattisgarh.

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4 - Superintendent Of Police Distt. Janjgir Champa, Chhattisgarh.

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5 - Station House Officer P.S. Pamgarh, Distt. Janjgir Champa, Chhattisgarh.

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6 - Station House Officer P.S. Sarkanda, Distt. Bilaspur, Chhattisgarh.

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7 - Harsh Tandon S/o Hulas Kumar Tandon Aged About 30 Years R/o Nariyara, P.S. Mulmula, Distt. Janjgir Champa, Chhattisgarh. Presently R/o Duplex No. 61, Higna Town, Nagpura, P.S. Hingna, Distt. Nagpur, Maharashtra.

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8 - Hulas Kumar S/o Lakhan Lal Tandon Aged About 62 Years R/o Nariyara, P.S. Mulmula, Distt. Janjgir Champa, Chhattisgarh. Presently R/o Duplex No. 61, Higna Town, Nagpura, P.S. Hingna, Distt. Nagpur, Maharashtra.

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9 - Smt. Meena Tandon W/o Hulas Kumar Tandon Aged About 56 Years R/o Nariyara, P.S. Mulmula, Distt. Janjgir Champa, Chhattisgarh. Presently R/o Duplex No. 61, Higna Town, Nagpura, P.S. Hingna, Distt. Nagpur, Maharashtra.

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VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.01.20 15:51:14 +0530

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10 - Meeti Tandon S/o Hulas Kumar Tandon Aged About 25 Years R/o Nariyara, P.S. Mulmula, Distt. Janjgir Champa, Chhattisgarh. Presently R/o Duplex No. 61, Higna Town, Nagpura, P.S. Hingna, Distt. Nagpur, Maharashtra.

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2

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11 - Smt. Kamta Kosriya W/o Radhelal Kosriya Aged About 55 Years R/o Geetanjali City Phase I, Bahtarai Road, Sarkanda, P.S. Sarkanda, Distt. Bilaspur, Chhattisgarh.

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... Respondents

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(Cause title taken from Case Information System)

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For Petitioner : Ms. Pratibha Sahu, Advocate For Respondents/State : Mr. Priyank Rathi, Govt. Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

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Order on Board

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Per Ramesh Sinha, C.J.

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16/01/2026

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This writ petition is filed by the wife of the accused, alleging that the Pamgarh Police (District Janjgir-Champa) failed to properly investigate Crime No. 553/2025 by ignoring serious allegations of sexual violence and forced unnatural acts. The Petitioner contends that the police illegally registered a "Non-Cognizable Report" instead of a proper FIR for cognizable offenses, denied her a medical examination, and rushed a "defective charge-sheet" (Criminal Case No. 1604/2025) while omitting material facts and complete statements. Despite repeated appeals to higher authorities like the IG and SP, no corrective action was taken; therefore, the Petitioner now seeks a court-ordered registration of a proper FIR, a fair investigation, and an interim stay on the current trial court proceedings, set for arguments on March 7, 2025 to prevent irreparable legal prejudice.

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The petitioner has filed the present petition with the following prayer:-

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“10.1. That, the Hon'ble court may be pleased to direct to the respondent authority to produce the entire records of Crime No. 553/2025, including the legality of the investigation and filing of charge-sheet pertaining to the case of the present petitioners.

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10.2. That, the Hon'ble Court may kindly be pleased to directa fair, Impartial and lawful investigation, preferably by an officer not below the rank of Deputy Superintendent of Police or by an independent agency;

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10.3. that, the Hon'ble Court may be pleased to issue a writ of mandamus for the re- investigation/ de nevo investigation of the Crime No. 553/2025 to different police authority.

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10.4. That, the Hon'ble Court may kindly be pleased to direct re-recording of the Petitioner's statement through a woman. police officer and recording of her magisterial statement;

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10.5. That, the Hon'ble Court may kindly be pleased to grant protection to the Petitioner and her family members from threats and intimidation;

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10.6. That, the Hon'ble Court may kindly be pleased to pass any other writ/ writs, order/ orders, relief/ reliefs as may deem appropriate by this Hon'ble Court in the interest of justice and public welfare.”

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The facts of the case in brief is that, the Petitioner, a citizen of India and a young married woman, was married to Respondent No. 7, Harsh Tandon, on 14.04.2025 according to Hindu rites and was subjected immediately thereafter to continuous dowry-related harassment, physical cruelty, verbal abuse, mental torture, and grave sexual violence, including forced unnatural sexual acts, threats, and intimidation. An FIR being Crime No. 553/2025 was registered on

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23.11.2025 at Police Station Pamgarh; however, the police deliberately refused to record the Petitioner’s complaint verbatim, suppressed serious cognizable offences, manipulated her statements, failed to record her statement under Section 164 CrPC / 183 BNSS, omitted allegations of sexual violence, and did not conduct her medical examination, thereby destroying crucial evidence, followed by filing a charge-sheet in undue haste on 03.12.2025 without a fair investigation. Despite repeated complaints dated 09.11.2025, 20.11.2025, 26.11.2025, 02.12.2025, and 04.12.2025 to senior police authorities, including the Inspector General of Police, Bilaspur, and the Superintendent of Police, Janjgir-Champa, no corrective or supervisory action was taken, and a subsequent complaint was illegally registered as a non-cognizable report on 16.12.2025. Owing to continued police inaction and connivance, the accused persons have been emboldened to continuously threaten and coerce the Petitioner and her family, leaving her with no efficacious alternative remedy except to invoke the extraordinary jurisdiction of this Hon’ble Court for protection of her fundamental rights under Articles 14 and 21 of the Constitution of India and for a fair, impartial, and lawful investigation.

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From perusal of the present petition as well as the documents annexed with the petition, it reveals that, the present petition does not specifically plead or set out the necessary particulars with regard to the First Information Report bearing Crime No. 553 of 2025, which forms a material and foundational aspect of the dispute. Owing to the absence of detailed pleadings and complete particulars relating to the said FIR, the present petition may not effectively or comprehensively

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address the grievances raised by the Petitioner. Therefore, in order to avoid any technical infirmity and to enable proper and complete adjudication of the issues involved, the Petitioner seeks leave of this Hon’ble Court to withdraw the present petition with liberty to file a fresh, properly constituted petition incorporating all relevant facts, particulars, and documents in accordance with law. The Petitioner further prays that such withdrawal may not be construed as an abandonment of her rights or claims, and that liberty be expressly reserved to pursue all remedies available to her under law.

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Accordingly, the present writ petition is dismissed as withdrawn with liberty to file a duly constituted fresh petition, subject to depositing a sum of Rs. 2000/- as cost by the petitioner in the Registry of this Court within a period of one week from today and the said amount shall be transmitted to the Govt. Multi-Disabled, Village Pendri, District JanjgirChampa (C.G.).

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Registry is directed to return back the certified/original copy of the document(s) to the petitioner after retaining its attested true copy.

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Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Ju stice

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ved

Niharika Lahre v. State of Chhattisgarh

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Niharika Lahre v. State of Chhattisgarh

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