Dismissed

Nagesh Chandra @ Narendra Mahout v. State of Chhattisgarh

Chhattisgarh HC3 Jul 2023WPCR/156/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought an FIR and enquiries against several police officials. The Court held the grievance could be redressed via Section 156(3) Cr.P.C. and dismissed the petition, citing precedents and directing the petitioner to approach the appropriate forum.

What did the court decide?

The writ petition was dismissed with liberty to avail appropriate remedy before the appropriate Forum.

Nagesh Chandra @ Narendra Mahout Vs State of… — Writ and Judicial Review | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 156 of 2022

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Nagesh Chandra @ Narendra Mahout S/o Chandulal Mahout Aged About 42 Years R/o Cheap House, Godripara, Chirmiri, District Koriya (Chhattisgarh)

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---- Petitioner

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Versus

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State of Chhattisgarh Through- The Secretary, Department Of Home Affairs (Police), New Raipur, Mantralaya, New Raipur, Civil And Revenue District Raipur (Chhattisgarh)

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Director General of Police Raipur, District Raipur (Chhattisgarh)

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Inspector General of Police Range Surguja, District Surguja (Chhattisgarh)

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Superintendent of Police Baikunthpur, Civil And Revenue District Koriya (Chhattisgarh)

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Station House Officer Police Station Chirmiri, District Koriya (Chhattisgarh)

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Karn Kumar Uike Aged About 40 Years City Superintendent Of Police, Godripara, Chirmiri District Koriya (Chhattisgarh)

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Vimlesh Dubey Aged About 39 Years Station House Officer, Earlier Posted At Police Station Chirmiri, District Koriya (Chhattisgarh), At Present Posted At City Police Station Baikunthpur, District Koriya (Chhattisgarh)

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Shashikant Tandan Aged About 35 Years Assistant Sub Inspector, Earlier Posted At Police Station Chirmiri, At Present Posted At Police Station Katekalyan District- Dantewada (Chhattisgarh)

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Shamim Farzana W/o Jalaluddin Ansari Aged About 47 Years R/o Nayapara, Near Community Building, Sirgitti, Bilaspur, District Bilaspur (Chhattisgarh)

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Smt. Ekta Agrawal Posted As J.M.F.C. Manendragarh, District Koriya (Chhattisgarh)

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Punit Ruparel, Advocate. For Respondents-State : Mr. Chandresh Shrivastava, Additional Advocate General.

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Smt. Rajani Dubey, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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03.07.2023

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Heard Mr. Punit Ruparel, learned counsel for the petitioner. Also heard Mr. Chandresh Shrivastava, learned Additional Advocate General, appearing for respondents/State.

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2. The present writ petition has been filed by the petitioner with the following prayers:

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“i. That, this Hon’ble Court may kindly be pleased to direct the respondent authority (respondent no. 5) to register an FIR against the respondent no. 6 to 10 in the cognizable offences.

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ii. That, this Hon’ble Court may kindly be pleased to direct the respondent no. 1 to 4 to conduct enquiry against the respondent no. 6 to 8.

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iii. That, this Hon’ble Court may kindly be pleased to direct the respondent no. 1 to conduct enquiry against the respondent no. 10.

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iv. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to pay

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compensation in tune of Rs. 25 lacs to the petitioner v. Cost of the petition may also be granted to the petitioner.

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vi. Any other relief, which this Hon’ble Court deems fit and proper, may also, kindly be granted to the petitioner in the interest of justice.”

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3. Learned counsel for the petitioner submits that the petitioner has approached this Court against the wrongful action of respondents No. 6 to 8 and to register an FIR against the aforesaid respondents.

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4. Learned State counsel has submitted that the grievance of the petitioner can be very well redressed before the Court below by filing an application under Section 156 (3) or 200 Cr.P.C. He further submits that the controversy involved in the present matter has already been decided by the High Court of Allahabad in Misc. Bench No. 24492 of 2020 : Waseem Haider Vs. State of U.P. Through Principal Secretary, Home Others vide judgment and order dated 14.12.2020 as well as by this Court in WPCR No.333 of 2020 ( Akhilesh Agrawal v. State of Chhattisgarh & Others ) decided on 12.04.2023 , dismissing the said petition, hence, the present petition be also dismissed in terms of the said order.

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5. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum.

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Sd/- Sd/- (Rajani Dubey) (Ramesh Sinha) Judge Chief Justice

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Hem

Nagesh Chandra @ Narendra Mahout v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nagesh Chandra @ Narendra Mahout v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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