2026:CGHC:7224-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 567 of 2025

1 - Shashwat Gupta aged 4 years.

2 - Sanchit Gupta aged 14 years Through guardian/father

3 - Sanjay Kumar Gupta S/o B D Gupta Aged About 46 Years Current Resident F403 Raheja Residency Avanti Vihar Raipur, Chhattisgarh 492001. Permanent R/o Gupta And Company Main Road Dalli Rajhara Balod Chhattisgarh.

Email sanboxe@Gmail.Com, Mobile 9406409579 ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Collector Balod, Room No 1 Ground Floor, Composite Collector Premises, Village Seoni, District Balod, Chhattisgarh

491226 Email balod.cg@gov.in, Mobile 9004037600

2 - District Education Officer, DEO Office, Near Model School Ganjpara Lohara Road Balod, Chhattisgarh 491226 Email deobalod@gmail.com, eduportal.cg@nic.in

3 - Principal Nirmala English Medium Senior Secondary School Dalli Rajhara, Balod Chhattisgarh 491228, Email : nirmala_school@hotmail.com Mobile

8224815186

4 - Vice Principal Nirmala English Medium Senior Secondary School Dalli Rajhara, Balod Chhattisgarh 491228, Email : nirmala_school@hotmail.com

5 – Mrs. Durga Class Teacher Nursery Calss, Nirmala English Medium Senior Secondary School Dalli Rajhara, Balod Chhattisgarh 491228, Email :

nirmala_school@hotmail.com

6 – Mrs. Shweta Singh Class Teacher 8th A, Nirmala English Medium Senior Secondary School Dalli Rajhara, Balod Chhattisgarh 491228, Mobile

9993537665, Email : nirmala_school@hotmail.com

7 - Sanskrit Teacher, Class 8th A, Nirmala English Medium Senior Secondary School Dalli Rajhara, Balod Chhattisgarh 491228, Email:

nirmala_school@hotmail.com ... Respondent(s)

For Petitioner(s) : Sanjay Kumar Gupta, Petitioner No.3, in person For Respondent No. 1 and 2: Mr. S.S.Baghel, Government Advocate.

For Respondent No. 3 and 4: Mr. Anmol Sharma, Advocate.

Date of Hearing : 04/02/2026 Date of Judgment : 10/02/2026 Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge C.A.V. Order Per Ramesh Sinha , Chief Justice

1 Heard Mr. Sanjay Kumar Gupta, petitioner No. 3, appearing in person, Mr. S.S.Baghel, learned Government Advocate for the State/respondents No. 1 and 2 as well as Mr. Anmol Sharma, learned counsel for the respondent No. 3 and 4.

2 By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief(s):

“10.1 That, the Honble Court may pass ex parta interim order to resume the education of children.

10.2 That, the Honble Court may direct respondent school to provide the result of master Sanchit Gupta of class 8th session year 2024-2025 and necessary compensation for mental harassment refund of fee taken for the period children's being exempted from education, with stringent punishment to respondents for crime against children and other criminal violations of law/constitution.

10.3 That this Hon'ble Court may kindly issue direction, or may kindly be pleased to grant any other ancillary relief by issuing any other suitable writ, direction or order. deems fit in the facts and circumstances of the case including cost of petition.”

3 Mr. Sanjay Kumar Gupta, petitioner No. 3 appearing in person would submit that he is guardian of petitioners No. 1 and 2, who are minors. He has filed the present petition under Article 226 of the Constitution of India, challenging the order dated 24.09.2025 passed by the learned Judicial Magistrate, First Class, Dalli Rajhara, Balod, by which his application under Section 223 of the Bharatiya Nagrik Suraksha Sanhita, 2023, has been rejected on the ground of lack of jurisdiction.

4 Earlier, the petitioners had filed a petition being WPCr. No. 280/2025 which was dismissed as withdrawn vide order dated 20.05.2025 by a learned Single Judge of this Hon’ble Court wherein similar reliefs as prayed hereinabove, were sought. As the petitioner No. 3 made a complaint against the respondents No. 3 to 7 to the respondent No. 1 and 2 to permit his sons i.e. petitioner No. 1 and 2 to continue their education in class nu