Chattisgarh High Court
In The Matter Of Suo Moto Public Interest … vs State Of Chhattisgarh on 10 March, 2025
Digitally signed
by ANURADHA
ANURADHA
TIWARI
TIWARI
Date: 1/6
2025.03.10
17:13:22
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 21 of 2025
IN THE MATTER OF SUO MOTO PUBLIC INTEREST LITIGATION
versus
STATE OF CHHATTISGARH
Order Sheet
10/03/2025 This is an office reference.
Heard Mr. Prafull N. Bharat, learned Advocate
General assisted by Mr. Yashwant Singh Thakur,
learned Additional Advocate General, appearing for
the State/respondents.
The matter relates to celebration of birthday by
blocking the road by an owner of shopping mart which
was published in the newspaper as well as circulated
in social media.
In compliance of the Court’s order dated
2/6
20.02.2025, the Director General of Police, State of
Chhattisgarh has filed his personal affidavit on
07.03.2025, relevant portion of which, reads as
follows :-
“3. It is most humbly and respectfully
submitted that the deponent, in
compliance of the Hon’ble Court’s order
dated 20.02.2025, issued the Circular
dated 28.02.2025 and issued instructions
for maintaining public safety,
convenience and smooth traffic on road.
In the Circular dated 28.02.2025
specific provisions under the Bhartiya
Nyay Sanhita, 2023, Chhattisgarh
Kolahal Niyantran Adhiniyam, 1985,
Motor Vehicles Act, 1988 and Lok
Sampatti Kshati Nivaran Adhiniyam has
been mentioned whereby appropriate
action can be taken against the persons
obstructing the traffic or causing
nuisance on public road.
It is respectfully submitted that
there is no special law to deal with
obstruction of traffic however under the
provisions of various Acts and Rules
such activities can be prevented and
persons causing obstruction on public
road can be punished.
By Circular dated 28.02.2025 it is
further instructed to organize training of
the police officials and fix the
responsibility upon them. It is directed to
3/6organize Road Safety Programs along
with Non Government Organization and
Educational Institutes and Public to be
made aware about the Rules. Further,
the assessment meeting of Station
House Officer of Police Stations and
Supervisory Officers be organized with
regard to prevention of illegal activities
on the road.
It is further submitted that for any
case of dereliction of duty in traffic
management and public convenience,
disciplinary action will be taken against
the erring police personnel in
accordance with the applicable Rules.
The Circular dated 28.02.2025
contains the instructions for against any
damage of public property caused by
vehicle, illegal gathering on public road
and fixing of Tent and obstructing traffic.
A copy of Circular dated 28.02.2025 is
filed herewith as ANNEXURE X/1.
With the intention of creating
awareness amongst the general public
an awareness program has been
proposed. In the awareness program in
case of any obstruction of public road or
any illegal act of obstruction on public
road or any, the public can immediately
call dial 112 or inform the nearest Police
Station.
4. That, the Hon’ble Court has also taken
cognizance on the news item published
on 02.03.2025 in daily newspaper
Navbharat, Bilapur namely; “सड़क पर केक
4/6काटा-रायपुर मेयर का बेटा साथियों समेत
गिरफ्तार”. In pursuance to the above
published news, it is most humbly
submitted that the Police has registered
the FIR as Crime No. 92/2025 for the
offence under Section 126(2), 3(5) of the
Bhartiya Nyay Sanhita, 2023 against
accused persons namely Mrinak
Choubey, Chintu Chandel, Manoj
Goutam and other persons. The Police
arrested the accused persons and to
maintain peace and tranquility, submitted
Istgasha application before the Sub
Divisional Officer (Revenue), Raipur as
per the provision of Bhartiya Nyay
Sanhita, 2023. It is further submitted that
the Police has also submitted an
application before the Sub Divisional
Officer (Revenue), Raipur to initiate the
proceeding of Bound Over upon the
accused persons. Copy of FIR and other
documents are filed herewith as
ANNEXURE X/2.”
From perusal of the affidavit filed by the Director
General of Police, State of Chhattisgarh, it transpires
that a circular dated 28.02.2025 has been issued in
order to maintain public safety, convenience and
smooth traffic on road, but it is very unfortunate that
the circular which has been issued on 28.02.2025,
5/6
another incident has been occurred on 02.03.2025,
for which FIR bearing Crime No.92/2025 has been
registered at concerned Police Station for the offence
punishable under Sections 126(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and
the accused therein was released on bail. However,
we hope and trust that the State and its
instrumentalities would be more vigilant and stringent
measures shall be taken to control such incident so
that such nuisance may not occur on the streets/roads
and there may not be any hindrance in the smooth
flow of the traffic.
As the festive season is coming, the Director
General of Police is directed that he shall issue
necessary instructions to all the higher authorities of
the Police Department including the ADG, Range IGs,
SSPs, SPs of all the Districts who shall further
circulate the instructions to the subordinate Police
Officials so that no such incident may occur at any
cost as it disturbs the peace and tranquility of society.
6/6
The Chief Secretary, Government of
Chhattisgarh is also directed to issue similar
instructions to District Magistrates/District Collectors
of all the Districts of the State.
I.A. No.02/2025 is an application on behalf of
Chief Secretary, Government of Chhattisgarh for
extension of time for compliance of the Court’s order
dated 20.02.2025.
Two weeks’ further time is granted to file
personal affidavit of Chief Secretary, Government of
Chhattisgarh.
List the case for further monitoring on
24.03.2025.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Anu