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2024 Supreme(Online)(CHH) 12651
2024:CGHC:48861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 38 of 2024 Jay Sahu @ Jayendra Sahu (In Person) S/o Dhaniram Sahu Aged About 44 Years Occupation Unemployed, Non-Preferred Communication Mode Address- Jai Home Street-J, Adarsh Nagar, Mowa, Raipur, Chhattisgarh, 492014 Preferred Communication Mode Email Jay.Sahu1@Gmail.Com ... Petitioner(s)
versus
1 - Chhattisgarh Lok Ayog Through Lokayukt Chhattisgarh, Near Kalibadi Chowk, Nagar Nirman Bhawan Road, Raiour, Chhattisgarh, 492001.
2 - State Of Chhattisgarh SHO, Bilaigarh Police Station, District -
Sarangarh-Bilaigarh, Chhattisgarh. 493338.
3 - State Of Chhattisgarh, Through SP Office Srangarh, District -
Sarangarh- Bilaigarh, Chhattisgarh, 496445.
... Respondent(s)
For Petitioner : Mr. Jay Sahu alias Jayendra Sahu, Petitioner-in-person appears through video conferencing.
For Respondent No.1 : Mr. Pragalbha Sharma, Advocate.
For Respondents No.2 & 3 : Mr. Amit Verma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
11.12.2024
1. Heard Mr. Jay Sahu alias Jayendra Sahu, petitioner-in-person, appears through video conferencing. Also heard Mr. Pragalbha Sharma, learned counsel for respondent No.1 as well as Mr. Amit Verma, learned Panel Lawyer, appearing for respondents No.2 and 3.
2. The present transfer petition has been filed by the petitioner seeking following reliefs:
“1. The Hon’ble Court may be pleased to answer of the burning questions raised in this petition in his judgment and anytime ask in case of any clarity required or any supporting documents or evidence required as petitioner concise the petition to save Hon’ble Court’s time.
2. The Hon'ble Court may be pleased to transfer the 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 connected episode at CBI Raipur ofÏce 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 ofÏcer 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 Jayendra Sahu as per his prayer 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.
4. The Hon'ble Court may be pleased to direct the Enforcement Directorate (ED) under section 528 of BNSS, 2023 to investigate the entire episodes where money- laundering cases seem to have appeared in connected matters.
5. 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).”
3. Petitioner-in-person submits that he wants to withdraw the instant petition with liberty to file duly constituted petition with proper prayer.
4. Accordingly, the instant petition is dismissed as withdrawn with liberty as prayed for.
