Petitioner sought mandamus for release of medical advance withheld after false complaint registration. Court held that as the complaint was non-cognizable and no cognizable offence found in record, appropriate legal remedy lies elsewhere, mandamus not directable.
Petitioner to avail appropriate remedy available under law; no mandamus directed.
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HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 242 of 2022
Vinod Sharma S/o Late Pandit Chouthmal Sharma Aged About 60 Years R/o G - 11, Mahila Polytechnic College Parisar Byron Bazar, P.S. City Kotwali Raipur, District Raipur Chhattisgarh.
---- Petitioner
Versus
----Respondents
For petitioner – Shri A.D. Kuldeep, Advocate. For State- Smt. M. Asha, PL.
Hon'ble Shri Justice Goutam Bhaduri Order
07/03/2022
Heard.
it is non-cognizable offence, report was filed. Considering the nature of the contents, nothing has been placed on record to show that any cognizable offence has been committed by anyone. Therefore the petitioner can avail the appropriate remedy available to him under the law, no mandamus can be directed by this court.
(Goutam Bhaduri) JUDGE
gouri
2 issues framed by the court
Whether a mandamus can be directed for the release of medical advance after an FIR returns objections on grounds of non-cognizable offence.
Whether the final complaints lodged by the accused persons constitute a cognizable offence or remain non-cognizable.
1 provisions across 1 enactments
Vinod Sharma
State Of Chhattisgarh Through Its Secretary, Department Of Home
Director General Of Police Directorate
Superintendent Of Police Raipur
The Station House Officer Police City Kotwali Raipur
Pravesh Dubey
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
