2026:CGHC:11786-DB NAFR Digitally signed by HIGH COURT OF CHHATTISGARH AT BILASPUR BABLU BABLU RAJENDRA RAJENDRA BHANARKAR BHANARKARDate:

2026.03.12 18:27:53 +0530 WPCR No. 137 of 2026 Sonam Devi Thadwani W/o Rajkumar Thadwani Aged About 57 Years R/o Banstaal, Tehsil - Raipur, District- Raipur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, P.S. New Rajendra Nagar, Raipur District- Raipur (C.G.)

2 - Superintendent Of Police, Raipur District- Raipur (C.G.)

3 - Barkha Rani Masih W/o Shri Shailesh Masih Aged About 43 Years R/o Amlidih P.S. New Rajendra Nagar, Raipur District- Raipur (C.G.)

4 - Badal Kumar Dani S/o Shri Manohar Prakash Dani Aged About 47 Years R/o Amlidih, P.S. New Rajendra Nagar, Raipur District- Raipur (C.G.)

5 - O.P. Soni (Revenue Inspector) R/o Amlidih P.S. New Rajendra Nagar, Raipur District- Raipur (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Manoj Kumar Yadav, Advocate.

For Respondent(s) : Mr. S.S. Baghel, Government Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha , Chief Justice

12.03.2026

1. Heard Mr. Manoj Kumar Yadav, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Government Advocate, appearing for the respondent Nos.1 & 2.

2. The present writ petition has been filed by the petitioner seeking following relief(s):

“a) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing Respondent No. 1 (SHO, Police Station New Rajendra Nagar, Raipur) and/or Respondent No. 2 (Superintendent of Police, District Raipur) to immediately register an FIR against the Private Respondents (Respondents No. 3 to 5) for cognizable offences under Sections 331, 324, 223, 336, 340, 318(4), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and other applicable provisions, on the basis of the complaints filed by the Petitioner.

b) The Hon'ble Court may kindly be pleased to grant any other relief as the Hon'ble Court may be deemed fit and proper in the facts and circumstances of the case.”

3. Brief facts of the case are that the petitioner, Sonam Devi Thadwani, aged about 57 years, resident of Baanstal, Raipur, District Raipur (C.G.), is the lawful owner and was in actual physical possession of land bearing Khasra No. 150/14, situated at Mouza Amlidih, P.H. No. 00069, R.N.M. Raipur-11 Tikrapara, Tehsil and District Raipur, which she purchased through a registered sale deed dated 20.10.2008 from Kishan Lal Sahu. After purchase of the said land, the Petitioner applied for mutation through the Bhuiya Karyakram of the Government of Chhattisgarh and pursuant to proceedings before the Tehsildar, Raipur, the land was duly recorded in her name, thereby confirming her ownership and possession. The petitioner thereafter constructed a pucca boundary wall (chaar-deewari) with an iron gate around the said property and remained in peaceful and continuous possession of the land. The private respondents, respondent No.3, namely, Barkha Rani Masih and respondent No.4 Badal Kumar Dani, with the intention to illegally grab the petitioner’s land, started falsely claiming that the said property falls within their Khasra boundaries and allegedly manipulated the boundary description (chauhaddi) in certain revenue records. On 12.03.2023, the private respondents forcibly broke the lock installed by the petitioner, demolished the boundary wall and trespassed upon the said property and started raising unauthorized construction thereon.

4. The petitioner immediately lodged a written complaint on 28.03.2023 at Police Station New Rajendra Nagar, Raipur, disclosing commission of cognizable offences, however, the police authorities failed to register an FIR and merely made a general diary entry stating that the dispute is civil in nature. Aggrieved by the illegal acts of the private respondents, the petitioner filed Miscellaneous Civil Application No. 44/2023 before the Civil Judge Senior Di