Order on Board

Per Ramesh Sinha , Chief Justice

01.04 .20235

1. Heard Mr. Amit Kumar, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General appearing for the respondents/State.

2. The present writ petition has been filed by the petitioner seeking following reliefs:

“10.1 That, this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and call for the records pertaining to the present case.

10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ/order, thereby directing the respondent No. 3 to return back the mobile phones seized from the petitioner, to the petitioner forthwith.

10.3 That this Hon'ble Court may kindly be pleased to direct the respondents No. 1 & 2 to take appropriate action against the erring police personnel of Police Station, Telibandha Raipur, District-Raipur (C.G.) unnecessarily harassing the petitioner.

10.4 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.”

3. Brief facts necessary for disposal of this case are that the petitioner and his brother namely Shivashankar Pandey are indulged into the transport business. On 18.12.2024 at about 5.00 A.M., the police personnel of Police Station, Telibandha, District-Raipur came in two Innova vehicle in the house of petitioner's brother & mother, namely, Shivashankar Pandey & Smt. Pushpa Pandey situated at Rajgharana Colony, Ameri and informed that an FIR bearing Crime No. 525/2024 has been registered at Police Station, Telibandha for offence under Sections 420, 467, 468, 471, 506 and 120B of the IPC against accused K.K. Shrivastava and Kanchan Shrivastava and those accused persons are absconding. The police authorities conducted search in the house of the petitioner's brother and asked about the aforesaid accused, upon which, the petitioner's brother told that they have no knowledge about the aforesaid accused, but the said police personnel obtained the signature of the petitioner's brother and the servant working in the house of the petitioner's brother in one notice, but the copy of said notice was not handed over to the petitioner's brother & servants. The police personnel have assaulted the servants, who are doing household work in the house of the petitioner's brother. The said police personnel have also directed the petitioner's brother & mother and other family members to come at Police Station, Telibandha for interrogation, failing which, they shall be forcefully abducted by the police personnel.

4. During course of search, the police personnel of Police Station, Telibandha, Raipur have also misbehaved and humiliated with the petitioner's brother, mother & other family members and threatened them to drag in Police Station, Telibandha, Raipur. The police personnel of Police Station, Telibandha, Raipur have also seized two mobile phones i.e. Oneplus 7t and Iphone 15 pro max of the petitioner and till date the same has not been handed over to the petitioner which is illegally kept by respondent No. 3. As well as the sized mobile is not part of crime. After the order dated 06.01.2025 which was passed by this Court in WPCR No. 515/2024 respondent No. 3 stopped torturing and tempering the petitioner and they have also seized two mobile phones i.e. Oneplus 7t and Iphone 15 pro max of the petitioner and till date the same have not been handed over to the petitioner. The petitioner also move an application dated 21.02.2025 by the way postal before the concerned police station for return back of the seized two mobiles phones i.e. Oneplus 7t and Iphone 15 pro max, but the till date the same has not been handed over to the petitioner. Hence, this petition.

5. Learned counsel for the petitioner submits that though after the order dated 06.01.2025 passed by this Court in WPCR No.515/2024 respondent No.3 stopped torturing and tempering the petitioner, but they