IN THE HIGH COURT OF JUDICATURE AT BILASPUR: CHHATTISGARH w.p. (Cri) No. é3g0 OF 2006 PETITIONER : / Shivshankar Gupta, Aged about 25 years, 5/0. Shri Jagat Pal Prasad, Occupation: Service, Working as Gaddidar, Country Liquor on licensed shop situated at Vyapar Vihar,Biiaspur (C.G.) R/o. Bajrang Complex, Teiipara, District Bilaspur, Chhattisgarh VERSUS RESPONDENTS : /1. Secretary Government of Chhattisgarh Department of Home Affairs, D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) The Superintendent of Police, District Bilaur, Chhattisgarh Shri B.S. Parihar, Presently working as Sub Inspector, Special Branch, Bilaspur, District Bilaspur, Chhattisgarh Dy. Superintendnt of Police, Special Police Station under provisions of S.C. /S.T. Preventio ofAtrocities Act, 1989, Bilaspur, District Bilaspur, Chhattisgarh Basant Kumar Kujur, S/o. Shri Martin Nicodin, Presently working as Constable, Special Branch, BilaSpur, District Bilaspur (CG) Nicodin Kujur, S/o. Shri Martin Nicodin, R/o. Police Line Tifra, Bilaspur, District Bilaspur Chhattisgarh ir’r ‘ sp e n @ / 7. T.R. Bhagat, S/o. (Not known) R/o. Police Line, Tifra, BHaspur, District Bilaspur, \Chhattisgarh /8. Dinesh Kumar Jha S/o. (Not known) R/o. Police Line, Tifra, Bilaspur, District Biiaspur, Chhattisgarh WRIT PETITION UNDER ARTICLE 2216(22e7 OF THE CONSTITUTION OF INDIA W XI—HC—78 \ HW,'W,W «M w (F w my g 'gu mm ..................... Irv: 200€ Wmaaimu) mam WWW mm&‘fwrt%m WWW égmm 20.11 2006 Shri Saurabh Dangi, Advo +¢ for The pe'rifioner. Shri Sanjay $.Agmwal, 6o mmerrr Advocai‘e for fhe Sfnfe. Hear-d. This pe'ri‘rion has been filed by 'rhe pe‘ri'rioner on accoun'r of inacfion on The par? of the 'respo nden‘r au'rhor-Mes. If is memioned in 'the pefi‘rion fha‘l' on 4.9.2006 a? abou'r 11 pm 1he pe‘rifioner' was working as Gaddidar, Country Li uor on licensed shop si'runfed a? Vyapar- Vihar. The shop was cl and empioyees of fhe shop were coun'ring sale proceeds inside Th shop. AT +haf Time‘ some police officials, who were consuming liquor besides 'rhe shop, have demanded more liquor from ‘rhe efifioner and ofher employees, on which the pefifioner informed ? as fhe shop was closed 1hey were nol’ enli‘l’led +0 more liqu , whereupon fhey star-red abusing fhe employees, on which 1'he pe'r 'Honer and o‘lher employees of ‘rhe ’ shop asked Them no? fo abuse m. On +his, The police officials broughf clubs and broke info sh p'and caused loss by breaking +he- liquor baffles, ossaulied +he e ployees, who were presen'r in 1he shop. They have also fookoway e sale proceeds. A reporf of +his inciden‘r was lodged in +he -p ice sfa'rion Tarbahar, which was regisfered a‘r Crime No.269 of 2006 on 'ihe some day. Now The police officials are nof filing f charge sheet and fhrea‘iening The P.T.O. o d e a o e h @ XI—HC—78 HW,W,W (94,) f« x RAW! ’ pe'ri‘rioner fhd'r he will be implicn'red in an offence under Scheduled Casfes and Scheduled Tribes (Preven‘rion of Afroci‘ries) Acf, 1989, if ‘l‘he complainf is not wifhdmw . In 1he circumsfances, if he police is no? faking any ac-rion and no? proceeding with 'I'he fair inves‘rigafion, then the petitioner is en‘l‘i'l’led ‘io file a complain? before fhe Cour'l’ of Judicial Magisfra'te concerned and Thai Cour? is en‘l’i‘l‘led fo fake ac'l'ion. Even as per provisions of Sec‘l’ion 210 of Cr:P.C. The Magis‘l'rafe can call for the reporf on fhe ma'l'fer from fhe police. Therefore, ‘rhe appropriate forum for ‘rhe pefifioner is f0 approach fhe Judicial Magis‘ira‘re concerned. Wi‘rh ihe aforesaid, +he petition smnds disposed of. 'Cerfified copy as per rules. Judge Sd/— L.C. Bhadoo P.T.O. wPwélxo W m . . . E 200 é WW(W) WWW mmhwm WWW mmWW , Q / ' é53wi§m31mr