Dismissed

Smt. Manjeet Kaur v. State of Chhattisgarh

Chhattisgarh HC11 Aug 2023WPCR/135/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition seeking quashing of an FIR under Section 420 IPC and direction for fair investigation. The court held that since the investigation was underway, no interference was called for under Article 226, and the petition was dismissed.

What did the court decide?

No relief granted as the writ petition was dismissed; petitioner left liberty to take recourse to law on police report.

Smt. Manjeet Kaur Vs State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 135 of 2023

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Smt. Manjeet Kaur W/o Harprit Singh Aged About 54 Years R/o House No. 78, Ward No. 12, Sunder Nagar, Vaishali Nagar, Supela, Bhilai, Tahsil and District- Durg, CG.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through - The Station House Officer, Police Station - Nevai, District : Durg, CG

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The Inspector General of Police Durg Range, Durg, District : Durg, CG

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The City Superintendent Of Police Bhilai Nagar, Sector-6, Bhilai, District : Durg, CG

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Prashant Jain S/o S. C. Jain Aged About 57 Years R/o Plot No.31, Street No. 3-H, Pragati Nagar, Risali, Bhilai, Tahsil and District- Durg, CG

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---- Respondent

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For Petitioner	: Mr. M.P.S. Bhatia, Advocate
For State/Respondent	: Mr. Gurudev I. Sharan, Government

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Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice N. K. Chandravanshi

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Order on Board

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Per Ramesh Sinha, Chief Justice

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11.08.2023

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Heard Mr. MPS Bhatia, learned counsel for the petitioner

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and Mr. Gurudev I. Sharan, Government Advocate for the

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State/respondents .

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By way of present writ petition, the petitioner has prayed for following relief(s):

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“10.A That, the Hon’ble High Court may kindly be pleased to call the entire records of the case for its kind perusal, in the ends of justice.

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10.B That, the Hon’ble High Court may be kind enought to issue a writ, order or direction in the nature of certiorary quashing the impugned FIR bearing crime No. 325/2022 dated 21-08-2022 registered at PS Nevai, District Durg (CG) under Section 420 of IPC against the petitioner, with consequences, in the ends of justice.

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10.C That, the Hon’ble High Court may most kindly be pleased to issue a writ, order or direction in the nature of mandamus or any other appropriate nature to direct the respondents No. 1, 2 and 3 to conduct/make fair investigation in the matter and ask the

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respondent No. 4/complainant to produce the original copy of the said agreement dated 3101-2022 (Annexure P-2), in the ends of justice.

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10.D Any other alternative/additional relief, which the Hon’ble High Court thinks fit, proper and just may also be granted to the petitioner in the interest of justice.”

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Learned counsel for the petitioner submits that the respondent No. 4 / complainant entered into an agreement dated 31-1-2022 with the petitioner regarding purchase of her house for consideration of Rs. 20 Lakhs and paid advance of Rs. 18 Lakhs to the petitioner, but, it is alleged that she has not handed over the possession of her house to complainant within 1 month as per condition of agreement dated 31-1-2022. It has been argued that complainant respondent No. 4 has submitted a written complaint dated 21-8-2022 against the petitioner, on the basis of which, FIR No. 325/ 2022 has been registered at PS Nevai, Distt. Durg under Section 420 of the IPC. It is further submitted that the complainant has lodged above FIR only on the basis of suspicion that the petitioner is going to cheat him. Therefore, it has been prayed that the above FIR may be quashed.

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Learned counsel for the State opposes the submission made

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by the petitioner’s counsel and submits that the fair investigation is being done in the matter and the challan would be filed soon.

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Having examined the submissions advanced by learned counsel for the parties, since the investigation is underway, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India.

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Accordingly, the writ petition is dismissed leaving it to open to concerned Investigating Officer to file police report under Section 173 (2) of Cr.P.C. within a period of six weeks from today before the concerned Court in accordance with law.

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The petitioner is also at liberty to take recourse to law, if so aggrieved by the police report.

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Sd/Sd/-

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(N. K. Chandravanshi) (Ramesh Sinha) Judge Chief Justice

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Pathak/-

Smt. Manjeet Kaur v. State of Chhattisgarh

Case brief

What is this about?

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Smt. Manjeet Kaur v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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