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Chattisgarh High Court

Vikas Singh vs State Of Chhattisgarh on 15 November, 2019

Author: P. Sam Koshy

Bench: P. Sam Koshy

                                                1


                                                                                           NAFR
                      HIGH COURT OF CHHATTISGARH AT BILASPUR
                          WRIT PETITION (C) NO. 4062 OF 2019
      1.     Vikas Singh S/o Shri Alakh Niranjan Singh, Aged About 46 Years, R/o
      Quarter No. 1B/13, S.B.S. Colony, S.E.C.L., Korba, Chhattisgarh.
      2.     Smt. Shanti Devi Singh W/o Shri Alakh Niranjan Singh, Aged About 77
      Years, R/o Quarter No. 1B/13, S.B.S. Colony, S.E.C.L., Korba (CG)... Petitioners
                                               versus
      1.    State of Chhattisgarh, through its Secretary, Department of Home Affairs,
      Mahanadi Bhavan, Atal Nagar, Nava Raipur, Chhattisgarh.
      2.    Director General of Police, Police Headquarters, Sector 19, Atal Nagar,
      Nava Raipur, Chhattisgarh.
      3.    Superintendent of Police, District Korba, Chhattisgarh.
      4.    Udaya Kiran, presently staying at Panchvati Rest House, Korba, Distt.
      Korba (CG). Posted at Korba as Additional Supdt. of Police.   ... Respondents

For Petitioners : Dr. N.K. Shukla, Senior Advocate, assisted by Mr. Priyankesh Chandrakar, Advocate.

For Respondent-State : Mr. Ayaz Naved, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 15/11/2019

1. The present writ petition has been filed seeking for the following relief:-

"10.1 Direct suitable enquiry against the Respondent no.4 for commission of offences defined under various sections of the Indian Penal Code.
10.2 That, adequate security may be extended to the Petitioner no.1 so that the Petitioner no.1 may not be made subject to false encounter by the Respondent no.4.
10.3 That, suitable compensation may be awarded to the Petitioner no.2."

2. Grievance of the petitioners in the present writ petition seems to be the alleged misbehaviour and indecent and atrocious act of respondent no.4 who happens to be the Additional Superintendent of Police posted at Korba, a trainee IPS Officer.

3. This Court in the recent past had in respect of a similar writ petition filed by one Fariduddin alias Farid Khan being WPC No. 3941/2019, has rejected the said writ petition on 7.11.2019 reserving the right of the said petitioner to approach the authorities on the administrative side for ventilating his grievances.

4. In the instant case also taking into consideration the provisions of the Chhattisgarh Police Act, particularly Section 38 and Section 43 of the said Act, and the information by the State Counsel that the police authorities have already constituted a Board, the petitioners are directed to approach the authorities concerned for ventilating their grievances. In the event, if such a complaint is 2 made by the petitioners, it is expected that the Board/Committee would conduct a free and fair inquiry and take appropriate steps under the Act at the earliest.

5. With the aforesaid observation, the writ petition stands disposed of.

Sd/-

                                                                           (P. Sam Koshy)
/sharad/                                                                       JUDGE