IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
UMAKANT @ RAJU TANDIYA – Appellant
Versus
RAJU MARKAM – Respondent
CRMP/1046/2023
2026:CGHC:3310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1046 of 2023 Umakant @ Raju Tandiya S/o Lt. Jalsingh Tandiya Aged About 30 Years R/o Village Manpur, Thana Manpur, Tehsil Manpur, District Rajnandgaon (Now Mohala Manpur Ambagarh Chowki) Chhattisgarh.
--- Petitioner(s)
Digitally AKHILESH signed by KUMAR AKHILESH DEWANGANK D U EW M A A N R GAN versus
1 - Raju Markam S/o Mahar Singh Markam Aged About 23 Years Village Khursekala, Thana Madanwada, Tehsil Manpur District Rajnandgaon (Now Mohala Manpur Ambagarh Chowki) (C.G.).
2 - State Of Chhattisgarh Through District Magistrate, District :
Rajnandgaon, Chhattisgarh.
--- Respondent(s)
CRMP No. 1043 of 2023
1 - Prakash Mishra S/o Rajdev Mishra Aged About 33 Years R/o Village- Manpur, Thana- Manpur, Tehsil - Manpur, District - Rajnandgaon (Now - Mohala-Manpur-Ambagarh Chowki), Chhattisgarh.
2 - Om Prakash Chandak S/o Ram Chandra Chandak Aged About 45 Years R/o Village- Manpur, Thana- Manpur, Tehsil - Manpur, District - Rajnandgaon (Now - Mohala-Manpur-Ambagarh Chowki), Chhattisgarh.
3 - Madan Sahu S/o Lt. Bisahu Ramk Sahu Aged About 45 Years R/o Village- Manpur, Thana- Manpur, Tehsil - Manpur, District - Rajnandgaon (Now - Mohala-Manpur-Ambagarh Chowki), Chhattisgarh.
4 - Manish Nirmalkar S/o Lt. Kuwar Singh Nirmalkar Aged About 24 Years R/o Village- Manpur, Thana- Manpur, Tehsil - Manpur, District - Rajnandgaon (Now - Mohala-Manpur-Ambagarh Chowki), Chhattisgarh.
---Petitioner(s)
Versus
1 - Raju Markam S/o Mahar Singh Markam Aged About 23 Years R/o - Village- Khursekala, Thana- Madanwada, Tehsil- Manpur, District - Rajnandgaon (Now - Mohala-Manpur-Ambagarh Chowki), Chhattisgarh.
2 - State Of Chhattisgarh Through- District Magistrate, District :
Rajnandgaon, Chhattisgarh.
--- Respondent(s)
CRMP No. 1034 of 2023 Satish Dubey S/o Lt. Jagdish Prasad Dubey Aged About 40 Years R/o Village Manpur, Thana Manpur, Tehsil Manpur, District Rajnandgaon (Now Mohala-Manpur-Ambagarh Chowki) (C.G.).
---Petitioner(s)
Versus
1 - Raju Markam S/o Mahar Singh Markam Aged About 23 Years Village Khursekala, Thana Madanwada, Tehsil Manpur District Rajganjgaon (Now Mohala Manpur Ambagarh Chowki) (C.G.).
2 - State Of Chhattisgarh Through District Magistrate District Rajnandgaon (C.G.).
--- Respondent(s)
For Petitioner(s) : Mr. Akhand Pratap, Advocate.
For Respondent No.1 in : Mr. Syed Afaque Hussain Rizvi holding CRMP No.1046/2023 and the brief of Mr. Lavkush Kumar Sahu, CRMP No.1034/2023 Advocate.
For Respondent No.2/State : Ms. Vaishali Mahilang, Gy G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice Judgment on Board
20.01.2026
1. Heard Mr. Akhant Pratap, learned counsel for the petitioners. Also heard Mr. Syed Afaque Hussain Rizvi holding the brief of Mr. Lavkush Kumar Sahu, learned counsel appearing for respondent No.1 in CRMP No.1046/2023 & CRMP No.1034/2023 and Ms. Vaishali Mahilang, learned Deputy Government Advocate, appearing for respondent No.2/State.
2. The petitioners have filed the present petitions seeking following
relief(s):-
“ 3.1 Call for the record of proceedings of the special case no 11/2017 between parties (Raju Markam V/s Prakash Mishra and others) pending before learned special Judge (Atrocity), Rajnandgaon.
3.2 Quash and set aside entire proceeding of special case No.11/2017 between parties (Raju Markam v/s Prakash Mishra and others) pending before learned special judge (Atrocity) Rajnandgaon, District –
Rajnandgaon (C.G.); and
3.3 Grant such other relief that this Hon’ble Court deems just and proper in the facts and circumstances of the case.”
3. Brief facts necessary for disposal of the case are that on
12.03.2016, one Vivek Singh, a member of the Bhoomkal organization, allegedly posted a derogatory and defamatory message concerning Goddess Durga on Facebook, which hurt the religious sentiments of the Hindu community. In response thereto, the present petitioners, along with other villagers, lodged a complaint at Police Station Manpur, on the basis of which FIR No. 19/2016 was registered under Section 295A I
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