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2025 DAILYLAW 12811 (CHH)

ANKIT LUNIA v. STATE OF CHHATTISGARH

CRMP/719/2019 · 2025-02-18

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:8314-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 719 of 2019 Ankit Lunia S/o Ashok Lunia Aged About 30 Years R/o Mahavir Nagar, Ward No. 20, Mahasamund, District Mahasamund Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - Superintendent Of Police, Mahasamund, District Mahasamund Chhattisgarh 3 - In-Charge Police Station, Police Station, Mahasamund District Mahasamund Chhattisgarh 4 - Sameer Dungdung R/o Police Line (Aarakshi Kendra) Mahasamund, District Mahasamund Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr.Siddharth Rathod, Advocate For Respondents No.1 to 3/State : Mr.Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 18.02.2025 BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.02.18 17:56:27 +0530 2 1. Heard Mr.Siddharth Rathod, learned counsel for the petitioner as well as Mr.Shailendra Sharma, learned Panel Lawyer appearing for respondents No.1 to 3/State. 2. This petition has been filed by the petitioner with following prayer:- “It is therefore prayed that this Hon’ble court may kindly be pleased to allow this instant petition and direct the respondent no.1 to 3 to register the First Information Report against the respondent no.4 on the petitioners information dated 20-06-2018 (Annexure P/1) and information dated 21-01-2019 (Annexure P/2), in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner has made a complaints on 20-06-2018 (Annexure P/1) before respondent No.3 as well as on 21-01-2019 (Annexure P/2) before respondent No.2 requesting them to register the FIR against respondent No.4, but the respondent authorities have not taken any action against him. 4. Learned State counsel, on the other hand, has submitted that three FIR’s have been registered against the petitioner. He further 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 Cr.P.C. (now under Section 175(3) or under Section 223 of the 3 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 v. 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. 5. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/-/- Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu