Dismissed¶37

Yadvesh Yadav v. Roshni Yadav

Chhattisgarh HC7 Jan 2026WPCR/5/2026

Case brief

AI extract

What is this about?

Chhattisgarh HC writ petition (WPCR No. 5 of 2026) dismissed as withdrawn; challenge to Fourth Additional Sessions Judge, Janjgir order confirming JMFC Champa dismissal of complaint without FIR registration; alternative remedy under Section 528 BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023); liberty granted to approach competent court; no opinion on merits; bench Ramesh Sinha CJ and Arvind Kumar Verma J.

What did the court decide?

Petition dismissed as withdrawn, with liberty to the petitioner to file an appropriate application/petition under Section 528 of the BNSS before the competent Court, in accordance with law. ¶37

Yadvesh Yadav Vs Roshni Yadav — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn, with liberty to the petitioner to file an appropriate application/petition under Section 528 of the BNSS before the competent Court, in accordance with law.

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Issue for consideration

Whether the writ petition seeking setting aside of the Sessions Court order confirming dismissal of the petitioner's complaint and seeking registration of an FIR should be adjudicated, given the availability of an efficacious alternative statutory remedy under Section 528 of the BNSS.

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Court's answer

Having regard to the availability of an efficacious alternative statutory remedy under Section 528 of the BNSS, no further adjudication on merits is required at this stage.

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Ratio / Principle

The petition is dismissed as withdrawn, with liberty to the petitioner to file an appropriate application/petition under Section 528 of the BNSS before the competent Court, in accordance with law.

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Key takeaways

The Court has not expressed any opinion on the merits of the case; the competent court shall consider the matter independently, uninfluenced by any observations made herein.ratio¶38

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur, WPCR No. 5 of 2026 (decided 08.01.2026; Bench: Ramesh Sinha, Chief Justice and Arvind Kumar Verma, Judge; order per Ramesh Sinha, CJ). Petitioner Yadvesh Yadav challenged the order dated 28.10.20205 (Annexure P/1) of the Fourth Additional Sessions Judge, Janjgir, confirming the order dated 17.02.2025 of the JMFC, Champa dismissing his complaint against seven respondents without registration of the case or direction for investigation, and sought registration of an FIR. During hearing, counsel submitted that an efficacious statutory remedy is available under Section 528 of the BNSS and sought permission to withdraw. Holding: no further adjudication on merits required; petition dismissed as withdrawn with liberty to pursue the remedy under Section 528 of the BNSS before the competent court; the Court expressly expressed no opinion on the merits.

2026:CGHC:1118-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPCR No. 5 of 2026

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Yadvesh Yadav S/o Parmeshvar Deen Yadav Aged About 42 Years Resident Of Lions Club Chowk Champa, Tahsil Champa, DistrictJanjgir-Champa (C.G.)

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... Petitioner(s)

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versus

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1. Roshni Yadav D/o Rajendra Yadav R/o Daulat Chowk Sonar/ Rajapara Sarangarh, District- Sarangarh-Bilaigarh (C.G.)

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2. Rajendra Yadav S/o Late Ramlal R/o Daulat Chowk Sonar/ Rajapara Sarangarh, District- Sarangarh-Bilaigarh (C.G.)

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3. Smt Usha Devi Yadav W/o Rajendra Yadav R/o Daulat Chowk Sonar/ Rajapara Sarangarh, District- Sarangarh-Bilaigarh (C.G.)

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4. Jayant Thethwar S/o Hariram Thethwar R/o Ganja Chowk Thethwarpara Raigarh District- Raigarh (C.G.)

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5. Smt. Archana Thethwar W/o Jayant Thethwar R/o Ganja Chowk Thethwarpara Raigarh District- Raigarh (C.G.)

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6. Satyendra Gopal S/o Late Jawahar Gopal R/o Near - Bonga Talab, Sharda Chowk, Janjgir, District- Janjgir-Champa (C.G.)

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Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: 2026.01.08 17:48:48 +0530

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7. Smt. Ranjana Gopal W/o Satyendra Yadav R/o Near Bonga Talab, Sharda Chowk, Janjgir, District- Janjgir-Champa (C.G.)

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... Respondent(s)

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(Cause-title taken from Case Information System)

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For Petitioner

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: Mr. S.B. Pandey, Advocate.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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08.01.2026

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1. Heard Mr. S.B. Pandey, learned counsel for the petitioner.

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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 call for the entire records pertaining to the case of the petitioner, in the interest of justice.

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10.2 That the Hon’ble Court may kindly be pleased to set-aside the order dated 28.10.20205 (Annexure P/1) passed by learned Fourth Additional Sessions Judge, Janjgir, District Janjgir-Champa (C.G.) where the learned Sessions Judge has confirmed the order passed by the Judicial Magistrate First Class Champa, Janjgir-Champa (Yadvesh Yadav vs. Roshni Yadav & Ors.), where the learned JMFC Champa has dismissed the complainant case filed by the petitioner/complainant. Further, may pray to consider the complaint for registration of FIR against respondents, invoking inherent power, so that abuse of process of the Court may be prevented.

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10.3 That this Hon’ble Court may kindly be pleased to grant any other relief as it may deem fit and

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appropriate in the facts and circumstances of the case. ”

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3. The petitioner has filed the present petition challenging the order dated 17.02.2025 passed by the learned Judicial Magistrate First Class, Champa, whereby the complaint filed by the petitioner was dismissed without registration of the case and without directing investigation, despite the alleged disclosure of cognizable offences. The petitioner has also sought a direction to the concerned police station for registration of an FIR and for conducting a fair and impartial investigation.

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4. During the course of hearing, learned counsel for the petitioner fairly submits that the grievance raised in the present petition primarily pertains to non-registration of an FIR despite disclosure of cognizable offences. It is further submitted that under the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), a specific and efficacious statutory remedy is now available under Section 528 of the BNSS, which provides for redressal of such grievances. In view of the said statutory remedy, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to avail the remedy under Section 528 of the BNSS before the competent court, in accordance with law.

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5. Considering the submissions made by learned counsel for the petitioner and having regard to the availability of an efficacious alternative statutory remedy under Section 528 of the BNSS, this Court is of the considered opinion that no further adjudication on merits is required at this stage.

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6. Accordingly, the present petition is dismissed as withdrawn , with liberty to the petitioner to file an appropriate application/petition under Section 528 of the BNSS before the competent Court, in accordance with law.

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7. It is made clear that this Court has not expressed any opinion on the merits of the case, and the competent court shall consider the matter independently, uninfluenced by any observations made herein.

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Sd/- Sd/-

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(Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice

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Brijmohan

Yadvesh Yadav v. Roshni Yadav

Case brief

What is this about?

What did the court decide?

Yadvesh Yadav v. Roshni Yadav

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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