2025:CGHC:21579-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 279 of 2025

1 - Bhanu Pratap Sahu S/o Shyam Sundar Sahu Aged About 40 Years R/o Village Shyampur Kanpa, P.S. Thankhamhariya, District Bemetara, Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh. 2 - Director General Of Police Police Headquarter, Raipur, Chhattisgarh. 3 - Superintendent Of Police Crime Branch District Raipur, Chhattisgarh. 4 - Inspector General Of Police Durg, District Durg, Chhattisgarh. 5 - Station House OfÏcer Police Station- Thankhamhariya, District : Bemetara, Chhattisgarh

6 - Bijendra Sahu S/o Shyam Sundar Sahu R/o Village Shyampur Kanpa, Police Station- Thankhamhariya, District Bemetara, Chhattisgarh. 7 - Dhaneshwari Sahu W/o Bijendra Sahu R/o Village Shyampur Kanpa, Police Station- Thankhamhariya, District Bemetara, Chhattisgarh.

---- Respondents (Cause-title taken from Case Information System)

----------------------------------------------------------------------------------------------

For Petitioner : Mr. K.P.S. Gandhi, Advocate For Respondents-State : Mr. S.S. Baghel, Dy. G.A.

---------------------------------------------------------------------------------------------

Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Arvind Kumar Verma, Judge

Order on Board

09.05.2025

1. Heard Mr. K.P.S. Gandhi, learned counsel for the petitioner and Mr.

S. S. Baghel, learned Dy. G.A., for the State-respondents and perused the record.

2. This writ petition has been filed by the petitioner with the following prayers:-

“10.1 That, the Hon’ble Court may be pleased to issue a writ in the nature of mandamus directing the Respondent No. 1 to 3 to invoke appropriate Sections including Section 109 BNS and conduct a fair and impartial investigation.

10.2 That, the Hon’ble Court may kindly be pleased to direct the respondents to file the charge sheet without further delay and include all relevant sections based on facts and evidence.

10.3 That, the Hon’ble Court may kindly be pleased to direct a transfer of investigation to a higher police authority or independent agency, if deemed necessary, to ensure justice.

10.4 That, the Hon’ble High Court may kindly be pleased to pass any other order or direction that this Hon’ble Court deems fit in the interest of justice.

3. Learned counsel for the petitioner submits that the instant petition is filed against the inaction on the part of the respondent authorities i.e. the Police authorities who is not investigating the case in properly and for protecting the accused persons in FIR No. 20/2025 Police Station Thankhamhariya District Bemetara were despite serious allegation of attempt to murder police authorities trying to save accused and petitioner also submitted written complaint before the Superintendent of Police, Bemetara the police has registered the case for lesser offence and no charge sheet has been filed till today.

4. Learned counsel for the petitioner submits that the complainant/petitioner has lodged the FIR against the accused person for the offence under Section 118(1), 296, 3(5) and 351(3) of BNS 2023 and he states that as per the medical report, offence under Section 109 of BNS is made out and but the FIR has been registered for offences i.e. 118(1), 296, 3(5) and 351(3) of BNS 2023 and prays that the same may be invoked and he has also moved a representation before the authorities concerned for adding Section 109 of BNS offence.

5. Learned State Counsel submits that since new Section 118(2) of BNS has been added in the course of investigation, 90 days time is required to conclude the investigation.

Digitally signed by JYOTI JHA 6. Considering the facts that the matter is under investigation, this Date:

2025.05.15

12:53:01 +0530 Court cannot direct for addition or subtraction of any of the offence to the Investigating Officer and at this stage no such direction can be given for calling of the final report bef