The court emphasized that police officials must strictly adhere to statutory arrest and remand safeguards under the Bharatiya Nagarik Suraksha Sanhita and Apex Court guidelines, and that while administrative warnings may suffice for a first lapse, oversight and accountability remain essential for future police conduct.

Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Hari Agrawal, learned counsel for the petitioner as well as Mr. Priyank Rathi, learned Government Advocate, appearing for the State/respondents.

2. By filing the present writ petition, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking issuance of an appropriate writ directing the respondent authorities to take departmental action against the concerned police officials in terms of the directions contained in the order dated 29.03.2026 passed by the learned Judicial Magistrate First Class, Korba, and further to decide the petitioner's representation dated 14.04.2026 within a time-bound period in accordance with law. The petitioner has prayed for following relief(s):-

“a. Issue a writ and/or an order in the nature of appropriate writ directing the Respondent authorities more particularly Respondent No. 2 & 3 to act appropriately and to take appropriate departmental action against the erring police officials in light of the dictum of the Hon'ble Apex Court in the matter of Arnesh Kumar vs State of Bihar (2014) 8 SCC 273.

b. Issue a writ and/or an order in the nature of appropriate writ directing the Respondent authorities, more particularly Respondent No. 2 & 3, to act appropriately and decide the representation dated 14.04.2026 [Annexure P-4] in accordance with law, within a time bound manner, as directed by this Hon'ble Court.

c. Any other relief which this Hon'ble Court may deem fit in with the facts & circumstances of case.”

3. Learned counsel for the petitioner submits that on 29.03.2026, the police officials of Police Station Balco, without any warrant or lawful authority, forcibly entered the petitioner's grocery shop and adjoining residential premises, conducted an illegal search, assaulted the petitioner's son and other family members, and even removed the DVR of the CCTV system installed at the residence. It is submitted that despite the petitioner immediately approaching the police authorities with a written complaint, neither an FIR was registered nor were the injured family members provided medical examination. Instead, to shield the erring officials, a counter FIR came to be registered against the petitioner's son and other family members.

4. Learned counsel further submits that while considering the remand proceedings, the learned Judicial Magistrate First Class, Korba, by order dated 29.03.2026, found the conduct of the concerned police personnel to be prima facie illegal, suspicious and contrary to the law laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, declined the prayer for police remand, released the petitioner's son on bail and directed the Superintendent of Police, Korba and the Director General of Police, Chhattisgarh to take appropriate action against the concerned officials. It is contended that notwithstanding the aforesaid judicial findings and directions, no departmental or other action has been initiated against the delinquent police personnel till date.

5. Learned counsel also submits that the petitioner thereafter submitted a detailed representation dated 14.04.2026 before the Secretary, Home Department, Government of Chhattisgarh, requesting implementation of the directions issued by the learned Magistrate; however, the said representation has remained unattended and undecided. It is, therefore, argued that the continued inaction of the respondent authorities is arbitrary, unreasonable and contrary to the principles of fairness in administrative action, warranting interfer