The petitioner sought direction to police to register FIRs against respondents No. 4-13 for non-registration despite complaints. The Court dismissed the petition, noting that the grievance can be addressed via Section 156(3) Cr.P.C. proceedings, citing prior dismissals in similar cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:34483-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 336 of 2024
Ravi Kumar Agrawal (Kedia) S/o Shri Vishnu Prasad Agrawal (Kedia) Aged About 45 Years Resident of Village Ramnagar Baloda Ward No.10 P.S. Baloda District Janjgir-Champa (C.G.)
... Petitioner
versus
1. State of Chhattisgarh Through Its Secretary Department of Home Mahanadi Bahwan Atal Nagar Naya Raipur District Raipur (C.G.)
2. Superintendent of Police Janjgir Champa District Janjgir - Champa (C.G.)
3. The Station House OfÏcer Police Station Baloda District Janjgir - Champa (C.G.)
4. Sanket Kaser S/o Banshi Kaser Aged About 35 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
5. Kohinoor Maharaj @ Kanha S/o Chinki Aged About 27 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
6. Lav Dewangan S/o Late Ramkishor Dewangan Aged About 35 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: 2024.09.05 16:50:37 +0530
7. Deepak Kenwat S/o Panchu Aged About 30 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
8. Deepak Yadav (Thekedar) S/o Deendayal Yadav Aged About 37 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
9. Ashwani Kahra S/o Anandram Kahra Aged About 22 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
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10. Nilesh Gupta S/o Ramakant Gupta Aged About 36 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
11. Nikhil Sharma S/o Komal Sharma Aged About 18 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
12. Lav Kawartya S/o Late Chamra Aged About 26 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
13. Shubham Sharam S/o Mahendra Sharma Aged About 27 Years Resident of Baloda P.S. Baloda District Janjgir Champa (C.G.)
---- Respondents
For Petitioner : Mr. Sudhir Kumar Sahu, Advocate. : For Respondents/State Mr. Sangharsh Pandey, Government Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
05.09 .2024
1. Heard Mr. Sudhir Kumar Sahu, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondents No. 1 to 3/State.
2. The present writ petition has been filed by the petitioner with the following prayers:
“(i) That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus, order or direction to the respondents Police authorities be appropriate inquire/investigate the matter on complaint of the
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petitioner and also to register FIR against the respondents No. 4 to 13, in the interest of justice.
(ii) That, this Hon’ble Court may kindly be pleased to issue an appropriate writ by directing the respondents No. 1 to 3 to take necessary steps upon complaint of the petitioner according to the law laid down by Hon’ble Court in the case of Lalita Kumar vs. State of U.P., I the interest of justice.
(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”
3. 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 respondents No. 4 to 13, the same has not been registered.
4. Learned State counsel, on the other hand, 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 of the Cr.P.C. (now, under Section 175(3) or under Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023). 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 &
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Others ) decided on 12.04.2023 , dismissing the said petition, hence, the present petition be also dismissed in terms of the said order.
5. Accordingly, the present writ petition is dismissed with a liberty to the petitioner to avail the appropriate remedy before appropriate Forum.
Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice
Brijmohan
1 issue framed by the court
summary null,
Colour shows how this judgement treated each authority
Waseem Haider vs. State of U.P.Referred
Misc. Bench No. 24492 of 2020 : Waseem Haider vs. State of U.P. Through Principal Secretary, Home Others
Akhilesh Agrawal vs. State of ChhattisgarhReferred
WPCR No. 333 of 2020 ( Akhilesh Agrawal vs. State of Chhattisgarh & Others )
2 provisions across 1 enactments
Ravi Kumar Agrawal (Kedia)
State of Chhattisgarh Through Its Secretary Department of Home
Superintendent of Police Janjgir Champa District Janjgir - Champa (C.G.)
The Station House Officer Police Station Baloda District Janjgir - Champa (C.G.)
Sanket Kaser S/o Banshi Kaser
Kohinoor Maharaj @ Kanha S/o Chinki
Brijmohan
Ramesh Sinha
Bibhu Datta Guru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
