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2026:CGHC:4719

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

KUNAL

DEWANGAN

Digitally

signed by

KUNAL CRMP No. 639 of 2024

DEWANGAN

Firoz Khan S/o Shri Sikandar Khan Aged About 41 Years R/o Ward No.

07, Lalpur, Bagbahra, Police Station Bagbahra, District : Mahasamund,

Chhattisgarh

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Home

Affairs, New Mantralaya, New Raipur, Chhattisgarh.

2 - The Director General Of Police Police Head Quarter, Raipur, District :

Raipur, Chhattisgarh

3 - The Superintendent Of Police District- Mahasamund, Chhattisgarh.

4 - The Station House OfÏcer Police Station - Bagbahra, District :

Mahasamund, Chhattisgarh

5 - Sangita Sinha W/o Ashok Sinha Aged About 40 Years R/o Ward No.

2, Jhalap Chowk, Bagbahra, District : Mahasamund, Chhattisgarh

---- Respondent(s)

For Petitioner : Mr. Adil Minhaj, Advocate.

For Respondent Nos.1 to 4/State : Mr. Shubham Bajpai, Panel Lawyer.

For Respondent No. 5 : Mr. Manish Thakur, Advocate.

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Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

28.01.2026

1. Heard Mr. Adil Minhaj, learned counsel for the petitioner. Also heard

Mr. Shubham Bajpai, learned Panel Lawyer, appearing for

respondent Nos. 1 to 4/State and Mr. Manish Thakur, learned

counsel, appearing for respondent No. 5.

2. The present petition has been filed by the petitioner with the

following prayer:-

1.“It is therefore, most respectfully prayed that, Hon’ble

Court, in the circumstances, be pleased to call for the

entire records pertaining to Criminal Case No. 161/2023

pending before the learned J.M.F.C., Bagbahra, Distt.

Mahasamund.

2. It is therefore, most respectfully prayed that, Hon’ble

Court, in the circumstances, be pleased to set-aside /

quash the entire proceedings of Criminal Case No.

161/2023 pending before the learned J.M.F.C.,

Bagbahra, Distt. Mahasamund.

3. It is therefore, most respectfully prayed that, Hon’ble

Court, in the circumstances, be pleased to direct the

Respondent authorities to conduct enquiry and take strict

and severe action against the erring police ofÏcers,

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responsible for the arbitrary and illegal action against the

petitioner.

4. It is therefore, most respectfully prayed that, Hon’ble

Court, in the circumstances, be pleased to any other

relief(s), direction(s), which Hon'ble the Court deems fit,

and proper, in the circumstances of the case.”

3. Brief facts of the case are that the petitioner herein is an Advocate

practicing at Bagbahra, District Mahasamund (C.G.), and for a long

time has been making complaints against illegal and unauthorized

private hospitals and clinics being operated in Bagbahra. One

Ashok Sinha, an unqualified person posing as a doctor, was

operating Yash Clinic at Bagbahra and had previously been

directed to immediately close the said clinic, vide order dated

14.03.2016 (Annexure P-2). Subsequently, during a surprise

inspection, he was again found performing medical work, and

therefore, vide order dated 06.09.2016, the CMHO, Mahasamund

restrained him from working at Yash Clinic (Annexure P-3). Despite

repeated directions of the CMHO, unauthorized hospitals and

doctors continued to operate unabated, compelling the petitioner to

make several complaints to the concerned authorities (Annexure P-

4). The petitioner also filed an application under Section 156(3)

Cr.P.C. for registration of offences against the concerned authorities

and persons illegally operating private hospitals, along with order

dated 23.12.2017 (Annexure P-5). Inspections conducted by the

Tahsildar, Bagbahra in September 2017 revealed that Ashok Sinha

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was treating patients at Yash Hospital, Bagbahra (Inspection

Report dated 19.09.2017, Annexure P-6).

4. On the petitioner’s complaint, the Collector directed the CMHO to

inspect Yash Hospital, and in the inspection dated 06.02.2018,

Ashok Sinha was again found treating patients, leading to

recommendation to the SDO (Revenue) to seal the hospital

(Annexure P-7). Even after the hospital was sealed, Ashok Sinha

continued medical practice at the