Durg Zila Dewangan Samaj Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

Durg Zila Dewangan Samaj Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to avail the appropriate remedy before appropriate Forum

Issue for consideration

Whether the Court should direct the respondent police authorities to take cognizance of the petitioner society's complaint and register a First Information Report against the erring persons. +1 more

Court's answer

The present writ petition (WPCR No. 47 of 2026) is dismissed, with liberty to the petitioner to avail the appropriate remedy before the appropriate forum.

Ratio / Principle

The petitioner's grievance is to be redressed before the appropriate forum other than this writ petition, and the dismissal grants liberty to pursue that appropriate remedy (the State counsel having indicated the court-below route under Section 156(3)/200 Cr.P.C., now Section 175(3)/223 BNSS 2023).

Detailed headnote1 paragraphs

Writ Petition (WPCR No. 47 of 2026, High Court of Chhattisgarh at Bilaspur; bench of Ramesh Sinha, CJ and Ravindra Kumar Agrawal, J; order per Ramesh Sinha, CJ, dated 23.01.2026): The petitioner society (Durg Zila Dewangan Samaj), alleging that the respondent police authorities took no action on its complaint against the private respondents (Nos. 5–7), sought a direction to the police to take cognizance of the complaint and register an FIR. Held: the writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before the appropriate forum. The State counsel had argued that the grievance could be redressed before the court below by an application under Section 156(3) or 200 Cr.P.C. (now under Section 175(3) or Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023), citing the Allahabad High Court decision in Waseem Haider (Misc. Bench No.24492 of 2020, order dated 14.12.2020) and this Court's earlier dismissal of a similar petition in WPCR No.333 of 2020 (Akhilesh Agrawal v. State of Chhattisgarh & Others, decided 12.04.2023); the Court referred to those authorities via the State counsel's submission without recording express reliance.

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2026:CGHC:4039-DB NAFR

Digitally signed INDRAJEET by INDRAJEETSAHU SAHU Date: 2026.01.24 12:30:38 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPCR No. 47 of 2026

1 - Durg Zila Dewangan Samaj Having Its Registered Office At Dewangan Samajik Bhawan, Gayanagar, Durg, Distt. Durg (C.G.) Through Its President, Puranik Ram Dewangan, S/o Late Kali Ram Dewangan, Aged About 72 Years, R/o Plot 3c/a, Maitri Vihar, Supela, Bhilai, Distt. Durg C.G.

... Petitioner(s)

versus

1 - State of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur C.G. 2 - Director General Of Police, Police Headquarter, Atal Nagar, Nava Raipur, Distt. Raipur C.G.

3 - Superintendent Of Police, Durg, District Durg C.G.

4 - Station House Officer, Police Station City Kotwali, District Durg C.G. 5 - Shri Laxmi Narayan Dewangan, Panchsheel Nagar, Near Mohlai Turn, Durg, Distt. Durg C.G.

6 - Shri Pawan Kumar Dewangan Near Keju Mill, Nayapara, Durg, Distt. Durg C.G.

7 - Shri Anil Dewangan R/o Beside Dau Ghar Street, Koshtapara, Baghera, Durg, District Durg C.G.

... Respondent(s)

For Petitioner : Ms. Priyanka Rai, Advocate. For State : Shri Nitansh Kumar Jaiswal, Deputy Govt. Advocate.

Hon'ble Shri Justice Ramesh Sinha, CJ

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

23.01.2026

Per, Ramesh Sinha, CJ.

1 The present petition has been filed with following prayer:-

“10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent police authorities to take cognizance of the complaint made by the petitioner society and register a First

2

information Report against the erring persons.

10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate in the fact and circumstances of the case.”

2 Learned counsel for the petitioner submits that the petitioner has made complaint against the private respondents, but the respondent authorities have not taken any action upon complaint of the petitioner till today.

3 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 Cr.P.C. (now under Section 175(3) or under Section 223 of the 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.

4 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

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