Shivshankar Prasad Vs State of Chhattisgarh

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2025:CGHC:3577-DB

NAFR

MANPREET KAUR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPCR No. 34 of 2025

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Digitally signed by MANPREET KAUR Date: 2025.01.21 18:03:59 +0530 Shivshankar Prasad S/o Late Shri Bhuneshwar Prasad Aged About 62 Years R/o 38/776, Near Kalibadi Chowk, Vidhya Nagar, Raipur Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Home Affairs, Mantralay, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

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2 - Director General Of Police Police Headquarters, Sector-19, Naya Raipur, District Raipur Chhattisgarh

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3 - District Superintendent Of Police District Raipur Chhattisgarh

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4 - Station House Officer Police Station Kotwali, District Raipur Chhattisgarh

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... Respondent(s)

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For Petitioner(s) : None For Respondent(s) : Mr. Sangharsh Pandey, G.A.

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri Ravindra Kumar Agrawal, Judge

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Judgment on Board

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Per Ramesh Sinha, Chief Justice

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21.01.2025

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1. None appeared on behalf of learned counsel for the petitioner to press this present petition on repeated calls. Heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the

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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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“ 10.1. To issue appropriate writ, direction or order directing the Respondent no 04 to register the FIR of the Petitioner in accordance with the Order dated 09.12.2024 Annexure P-5;

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10.2.To pass any other order which the Honorable Court deems appropriate in the interests of justice, equity and good conscience ”

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3. The facts of the case in a nutshell is that the Petitioner being aggrieved by the inaction of the Respondent No. 04, in not registering his FIR despite of an order dated 09.12.2024 passed by the Learned Court of Judicial Magistrate First Class at Raipur (C.G.) under Section 175(3) of the BNSS. After initial failures to get his FIR registered with Respondent No. 04 against accused persons Suraj Prakash Jethwant, retired Deputy Superintend of Police, Savita Jethwant, Ravindra Prasad Jethwant, Harindra Prasad Jethwant, Divya Jethwant, Sukanya Jethwant and Garv Jethwant, petitioner filed an application under section 175(3) BNSS, whereby the Learned Court of Magistrate was pleased to pass an order directing Respondent No. 04, to register the FIR against the above named accused persons for serious cognizable offences under section 351(2), 296, 115(2), 11(2), 109(2) of BNS along with section 25 and 27 of the Arms Act. However, the Respondent No. 04 despite of repeated visits by the Petitioner is not filing the FIR.

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4. Mr. Sangharsh Pandey, learned Government Advocate submits that FIR in question has already been registered in the present case on

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08.01.2025 against the 8 accused persons for the offences punishable under Sections 351(2), 296, 115(2), 117(2), 109(2) of the BNS, 2023 and under Sections 25 and 27 of the Arms Act and the grievance of the petitioner has already been dealt with, as such, the present petition has virtually become infructuous.

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5. In view of the submission made by the learned Government Advocate for respondent / State and considering the facts and circumstances of the case that the FIR in question has already been registered on 08.01.2025 against the 8 accused persons for the offences punishable under Sections 351(2), 296, 115(2), 117(2), 109(2) of the BNS, 2023 and under Sections 25 and 27 of the Arms Act, copy of which has been taken on record and the grievance raised by the petitioner in this petition has already been redressed and as such, nothing survives for adjudication in this petition. Resultantly, the present writ petition is disposed off .

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Manpreet

Shivshankar Prasad v. State of Chhattisgarh

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Shivshankar Prasad v. State of Chhattisgarh

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