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2024 Supreme(Online)(CHH) 11756

2024:CGHC:50377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 43 of 2024 Jay Sahu @ Jayendra Sahu S/o Dhaniram Sahu Aged About 45 Years Occupation Unemployed, Non-Preferred Communication Mode Address Jay Home Street - J, Adarsh Nagar, Mowa Raipur, Chhattisgarh, 492014.

... Petitioner versus

1 - CBI (Central Bureau of Investigation) Through Union of India Through Ministry of Personnel, Public Grievances and Pensions 6th Floor, Lodhi Road, Plot No. 5-B, Jawaharlal Nehru Stadium Marg, CGO Complex, New Delhi, Delhi 110003.

2 - Chhattisgarh Lok Ayog, Through Lokayukt Chhattisgarh, Near Kalibadi Chowk Nagar Nirman Bhawan Road Raipur Chhattisgarh

492001.

3 - State of Chhattisgarh Through SHO – Bilaigarh, Police Station District Sarangarh-Bilaigarh Chhattisgarh 493338.

4 - State of Chhattisgarh Through SP Office Sarangarh District –

Sarangarh-Bilaigarh, Chhattisgarh 496445.

5 - State of Chhattisgarh Through City SP Office Civil Lines, Raipur, Chhattisgarh 492001.

---- Respondents For Petitioner : Mr. Jay Sahu (Petitioner in Person).

For Respondents/State : Mr. Amit Verma, Panel Lawyer.

For Respondent No.2 : Mr. Pragalbha Sharma, Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

20.12.2024

1. The Petitioner has filed this instant petition with the following prayer:

“1. The Hon'ble Court may be pleased to answer of the burning questions raised in this petition in his judgment and anytime ask the Petitioner in case of any clarity required or any supporting document or evidence required as petitioner concise the petition to save the Hon'ble Court's time.

case of Chhattisgarh Lok Ayog Misc. Registered Case No. 21/2022 and FIR No. 0230/2019 registered at Bilaigarh Police Station to Central Bureau of Investigation (CBI) through its director to conduct an investigation at Raipur into the entire episode at CBI Raipur and Enforcement Directorate (ED) under section

447 and under section 528 of BNSS, 2023.

3. Hon'ble Court may be pleased to direct under section 528 of BNSS, 2023 that in-charge investigating officer shall not be below the rank of Joint Director and has to lodge FIRs against the accused based on primary investigation under section 528 of BNSS, 2023. Further, pleased to direct the CBI to make each and every proceeding in the public domain to prevent such failure of law and justice as there is nothing to hide and public awareness is of utmost priority. Further, pleased to direct the CBI and ED to collect and protect the evidence. Further, pleased to direct the CBI to take assistance from petitioner Jay Sahu @Jayendra Sahu as he is prayed for speedy justice and public interest under article 51A(h) of the Constitution. Further, pleased to make clear that no legal protection be granted to the offender public servant because the law is not meant to protect the person to commit offence and offence cannot be a duty of public servant nor it will be in good faith as directed by the Hon'ble Supreme Court of India in the case of Criminal Appeal No. 129 of 2013.

Enforcement Directorate (ED) under section 528 of BNSS, 2023 to investigate the entire episodes where money-laundering cases seem to have appeared in the matter.

and ED to ensure public awareness for benefit of nation and judiciary to curb perjury, cheating, forgery etc. offence against the administration of justice to prevent victimization of innocent public and judiciary.

6. The Hon'ble Court may be pleased to direct UNION OF INDIA Through Ministry of Personnel, Public Grievances, and Pensions to provide sufficient fund to CBI for speedy justice and ensure benefit of nation and judiciary to curb perjury, cheating, forgery etc. offence against the administration of justice to prevent victimization of innocent public and judiciary.

7. The Hon'ble Court may be pleased to direct the Registrar of this Hon'ble High Court to send the copy of the judgement to Central Bureau of Investigation (CBI)

and Enforcement Directorate (ED). ”

2. The petitioner in person seeks permission of this Court to withdraw the instant petition.

3. Learned Panel Lawyer for the respondents/State have no objection.

4. Permission is granted.

5. In view of the above, the instant petition is dismissed as withdrawn without any further liberty.

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