2024:CGHC:44770-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 201 of 2024 Ashutosh Bohidar S/o Late Shri J. P. Bohidar, aged about 38 years Occupation - Agriculture, R/o Village Tamnar, Tahsil Tamnar, District :

Raigarh, Chhattisgarh.

... Petitioner versus

1 - State of Chhattisgarh through the Secretary, Ministry of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

2 - The Superintendent of Police Raigarh, District Raigarh, Chhattisgarh.

3 - The Sub- Divisional Officer (Police) Dharamjaigarh, District Raigarh Chhattisgarh.

4 - The Station House Officer, Police Station- Tamnar, Tahsil- Tamnar, District Raigarh, Chhattisgarh.

5 - Ganga Prasad Banjare, Presently posted in Police Station- Pendra, District Gourela-Pendra-Marwahi, Chhattisgarh.

... Respondents For Petitioner : Mr. Hari Agrawal, Advocate For State/respondents : Mr. U.K.S. Chandel, Dy. Advocate General No.1 to 4.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad , Judge

Order on Board

Per Ramesh Sinha, Chief Justice

18/11/2024 Heard Mr. Hari Agrawal, learned counsel for the petitioner. Also heard Mr. U.K.S. Chandel, learned Deputy Advocate General, appearing for the State/respondents No.1 to 4.

2. The present writ petition has been filed by the petitioner with the following prayers:

“a. A writ and/or an order in the nature of appropriate writ do issue calling for the relevant records from the concerned authorities/Court below relating to the Petitioners' case for its kind perusal.

b. A writ and / or an order in the nature of appropriate writ do issue quashing the order dated 30.06.2022 (Annexure P-1) and all subsequent/incidental proceedings including the recommendation dated 18.05.2022 (Annexure P-2) and further be pleased to direct the Respondent authorities to delete the name of the Petitioner from the Gunda/ Surveillance List, actions, in the interest of justice.

c. A writ and/or an order in the nature of appropriate writ do issue directing to take suitable action against the Respondent no. 5 for misusing his official position, in facts &

circumstances of the case.

d. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. e. Cost of the petition may also be awarded.”

3. Brief facts of the case are that respondent no. 5 is the Police official (the then S.H.O. of the concerned Police Station at relevant time) at whose behest various criminal proceedings has been maliciously initiated against the petitioner by various persons and also on the recommendation of respondent no. 5 the instant Surveillance List proceedings has been initiated. From the month of April May 2022 i.e. 08.04.2022 till 17.05.2022, as many six different FIRs has been registered against the petitioner at the very same police station in which, respondent No.5 was posted as Station House Officer, for different offences by different informant (but with a common thread, narrated in detail below). Further, when arrest has been made in the instant cases, as soon as, the petitioner gets bail or even applies for grant of regular bail/anticipatory bail, subsequent FIRS are being registered, which speaks volumes about the manner in which things are being handled in the ground.

4. All the aforesaid six FIRs has been solely registered only to harass and humiliate the petitioner at the behest of the respondent No. 5 herein solely to make the petitioner succumb to his illegal demands. Further, unfairness & vengeance on part of the respondent No.5/police authorities is apparent on the face of record, which would be corroborated from a bare perusal of documents mentioned herein above. Thereafter vide letter dated 18.05.2022, the respondent No.4/respondent No.5 had made a recommendation to the respondent No. 2 to put the name of the petitioner in the Gunda/Surveillance List. Further, the said letter dated 18.05.2022 was approved in a mechanical manner by the respondent No.3/S.D.O.P. (Dharamjaigarh) vide endorsement dated 19.06.20