Dismissed

Pawan Goyal (Petitioner in Person) v. State of Chhattisgarh

Chhattisgarh HC7 Sept 2023WPCR/343/2020

Case brief

AI extract

What is this about?

Petitioners sought a writ directing respondent authorities to register an FIR for a crime. The High Court held that proper remedy lies before trial court under Sections 156(3) and 200 of Cr.P.C., dismissing the petition citing recent High Court of Chhattisgarh and Allahabad precedents.

What did the court decide?

Petition dismissed with liberty to approach appropriate forum (trial court) for relief under Section 156(3) or 200 of Cr.P.C.

Pawan Goyal (Petitioner in Person) Vs State of… — Writ and Judicial Review | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 343 of 2020

¶4

Pawan Goyal (Petitioner In Person) S/o Mangeram Goyal, Aged About 54 Years R/o Behind Maruti Agency, Karbala Road, Police Station City Kotwali, District Bilaspur Chhattisgarh. Mob. No. 9907418774, District : Bilaspur, Chhattisgarh

¶5

Shitala Prasad Tripathi, S/o Late Rajaram Tripathi, Aged About 66 Years R/o House No. 03, Nirala Nagar Old Bus Stand, Bilaspur, P.S. Tarbahar Bilaspur, District Bilaspur Chhattisgarh. Mob. No. 9425254226, District : Bilaspur, Chhattisgarh

¶6

---- Petitioners

¶7

Versus

¶8

State Of Chhattisgarh Through Secretary, Department Home Affairs, Mantrayal, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶9

Director General Of Police, Police Headquarter Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

¶10

Superintendent Of Police, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

¶11

Station House OfÏce, Police Station Civil Lines, Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

¶12

---- Respondents

¶13

¶14

(Cause-title taken from Case Information System)

¶15

For Petitioners : Mr.Pawan Goyal and Mr. Shitala Prasad Tripathi, Petitioner in person. For Respondents/State : Mr. Chandresh Shrivastava, Additional Advocate General

¶16

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

¶17

Order on Board

¶18

Per Ramesh Sinha, Chief Justice. 07.09.2023

¶19

Heard Mr.Pawan Goyal and Mr. Shitala Prasad Tripathi, Petitioner in person. Also heard Mr. Chandresh Shrivastava, learned Additional Advocate General for the State/respondents.

¶20

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

¶21

“ 10.1 That, this Hon’ble Court may kindly be pleased to issue suitable writ or writs/order for the respondent authorities to initiate enquiry /register crime and take proper action against the culprits.

¶22

10.2 That, this Hon’ble Court may kindly be pleased to issue suitable order to protect the petitioners from the false complaint made by the culprits.

¶23

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

¶24

3. In this writ petition, the petitioner is seeking a direction to the respondents-authorities to register the crime and take proper action against the accused person.

¶25

¶26

4. Learned counsel for the petitioner would submit that despite several complaints having being made by petitioner to the respondents-authorities for registration of FIR against the accused persons, the same has not been registered.

¶27

5 . Learned Additional Advocate General on the other hand, has submitted that earlier the petitioners have submitted complaint which enquired into in view of the provision contained in Section 155(2) of Cr.P.C. but no cognizable offence has been made against the accused/respondents

¶28

6. Learned Additional Advocate General, also submits that if the petitioners have any further grievance, the same can be very well redressed before the Court below by filing an application under Section 156(3) or 200 of the 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.

¶29

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 Vs. 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.

¶30

7. Considering the fact that the petitioner’s grievance with respect to the registration of the FIR against the accused persons as it is stated that still it has not been redressed and they seek the indulgence of this Court for direction for registration of the FIR on their complaint but the same can be very well redressed before the Court below by filing an application under Section 156(3) or 200 of the Cr.P.C as the case may be.

¶31

¶32

8. Accordingly, the present writ petition is dismissed with liberty to the

¶33

petitioners to avail the appropriate remedy before appropriate Forum.

¶34

Sd/Sd/-

¶35

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

¶36

amita