Dismissed

Reshma Aadil v. State of Chhattisgarh

Chhattisgarh HC4 Sept 2023WPCR/356/2023

Case brief

AI extract

What is this about?

High Court of Chhattisgarh dismissed a writ petition seeking direction to register an FIR against the husband and in-laws for dowry-related offences. The Court held that the petitioner failed to approach the Court below under Section 156(3) Cr.P.C. and dismissed the matter relying on a prior order.

What did the court decide?

The writ petition was dismissed with liberty to the petitioner to approach the appropriate forum.

Reshma Aadil Vs State of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 356 of 2023

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Reshma Aadil, W/o Abhishek Joshi, aged about 34 years, R/o New Loco Colony, P.S. Sirgitti, District : Bilaspur, Chhattisgarh.

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---- Petitioner

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Versus

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State of Chhattisgarh Through- The Secretary, Department of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh.

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Inspector General of Police Range Bilaspur, District : Bilaspur, Chhattisgarh.

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Superintendent of Police Bilaspur, District : Bilaspur, Chhattisgarh.

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Station House Officer Police Station- Sarkanda, District : Bilaspur, Chhattisgarh.

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Abhishek Joshi S/o- Late Ramayan Prasad Joshi Aged About 34 Years R/o- Mopka, In Front Of Ravi Residency, P.S. Sarkanda, District : Bilaspur, Chhattisgarh.

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Meena Joshi W/o- Late Ramayan Prasad Joshi Aged About 50 Years R/o- Mopka, In Front Of Ravi Residency, P. S. Sarkanda, District : Bilaspur, Chhattisgarh.

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Annapurna Joshi D/o- Late Ramayan Prasad Joshi Aged About 29 Years R/o- Mopka, In Front Of Ravi Residency, P. S. Sarkanda, District : Bilaspur, Chhattisgarh.

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. N.K. Chatterjee, Advocate. : For Respondents/State Mr. Pawan Kesharwani, Panel Lawyer

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

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Order on Board

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Per Ramesh Sinha, Chief Justice

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04.09.2023

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Heard Mr. N.K. Chatterjee, learned counsel for the petitioner. Also heard Mr. Pawan Kesharwani, learned Panel Lawyer, appearing for respondents No. 1 to 4/State.

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

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“ 10.1 That, the Hon’ble Court may kindly be pleased to make an order to direct the Station House Officer of P.S. Sarkanda and also to S.P. Bilaspur to take action against to Abhishek Joshi, Meena Joshi and Annapurna Joshi for the offence u/s 498-A, 294, 506-B of IPC and 3 and 4 Dowry Prohibition Act and Tonhi Pratadna Adhiniyam.

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10.2 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition. ”

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3. In this writ petition, the petitioner is seeking a direction to the respondent-authorities to register FIR against the respondents No. 5 to 7.

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4. Learned counsel for the petitioner would submit that despite several complaints having been made by petitioner, who is wife of the respondent No. 5, the concerned Police Station has not registered FIR against the respondents No. 5 to 7.

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5. On a query of this Court as to whether the petitioner had approached the Court below for redressal of her grievance under Section 156(3) of 200 of the Cr.P.C., the learned counsel for the petitioner submits that the petitioner had not approach the Court below.

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6. Learned Panel Lawyer, on the other hand submits 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 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. 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.

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

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Sd/- Sd/- (N.K. Chandravanshi) (Ramesh Sinha) Judge Chief Justice

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Brijmohan

Reshma Aadil v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Reshma Aadil v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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