1 2025:CGHC:14724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 648 of 2025 Janki Sidar Wd/o Late Shri Premlal Sidar Aged About 44 Years R/o Behind Rambag, Modipara, Kotra Road, Raigarh, P.S. Kotwali Raigarh, Distt.- Raigarh (C.G.) ... Appellant versus 1-State Of Chhattisgarh Through- Secretary, Home Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur (C.G.) 2-Superintendent Of Police, Raigarh Distt.- Raigarh (C.G.) 3-S.H.O. P.S. Ajak Police Station Distt.- Raigarh (C.G.) 4-Ramesh Sharma S/o Late Shri Bhikhan Sharma Aged About 50 Years R/o Behind Rambag, Savitri Nagar, Modipara, Kotra Road, Raigarh P.S. Kotwali Raigarh, Distt.- Raipur (C.G.) 5-Aarti Sharma W/o Shri Ramesh Sharma Aged About 44 Years R/o Behind Rambag, Savitri Nagar, Modipara, Kotra Road, Raigarh P.S. Kotwali Raigarh, Distt.- Raipur (C.G.) 6-Saraswati Mahapatra Asi Presently Posted P.S. Ajak Raigarh, Distt.- Raigarh (C.G.) ... Respondents For Appellant : Mr. Ravindra Sharma, Advocate For State : Ms. Pragya Shrivastava, Deputy Govt. Advocate ({Hon’ble Justice Shri Arvind Kumar Verma}) Order on Board 27/03/2025 1) Heard on IA No. 01/2025, an application for condonation of delay in filing of the instant appeal. 2) On due consideration and for the reasons assigned therein, I am inclined to allow the same. Delay in filing the instant appeal is hereby condoned. Accordingly I A No. 01/2025 stands allowed. 3) By way of this appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) is 2 challenging the order dated 24.10.2024 passed by the learned Special Judge (Atrocities) Raigarh, District Raigarh Chhattisgarh in Complaint Case (filing ) No. 2204 of 2023 (Annexure A-1) whereby the learned trial court has rejected the application filed under Section 156(3) of Criminal Procedure Code. 4) Brief facts of the case are such that an application under Section 156(3) of the Cr.P.C. has been submitted by the appellant to the effect that the appellant is a govt. employee coming from a tribal community, her husband has passed away and she is living with her two children and elderly mother, on 15.01.2023 when the appellant gave a written complaint to the City Kotwali Police Station, Raigarh, she was asked to go to Ajak Police Station as it is related to the Tribal Act, on going to the Ajak Police Station she was further asked to talk to Saraswati Mahapatra posted there. The next day she was asked to go to SP Raigarh, written complaint was submitted by the appellant on 15.06.2018 that she is being harassed by one Ramesh Sharma that he has made a house upon the road and is harassing her on the basis of her caste. Moreover he stops hers from opening the main door of her house and ties the stolen cow in front of her house. He also parks his car in front of her house and he serves non veg and alcohol to the people of lower caste and make them litter in front of the house at night and abuses them on caste lines and asks them to leave the land and go somewhere else. She also alleged that Saraswati Mohapatra demanded money in the name of tea and petrol. She gave 1500 to her even though she did nothing and further asked for Rs. 10,000/- for taking action. The Deputy Superintendent IUCAW recorded the statement of the appellant and witnesses, but had not taken any step against the respondent no. 4 and 6. 5) Learned counsel for the appellant contended that the impugned order dated 24.10.2024 passed by the learned trial court is illegal, improper and contrary to the law. Learned trial court erred in not taking into consideration the specific allegation made by the complainant against the respondents therefore rejecting the application out rightly is 3 illegal, improper and contrary to the law. Learned trial court erred in ignoring that the complainant has approach before the police authorities but due to their inaction not registering the FIR despite presence of ingredients of cognizable offence is illegal. He further contended that the learned trial court erred in ignoring that appellant has also made complaint under Section 154 (3) of Criminal Procedure Code before the Superintendent of Police, Raigarh, District Raigarh Chhattisgarh but the FIR has not been registered. Hence he prays to allow the appeal and set aside the impugned order dated 24.10.2024 passed by the learned Special Judge (Atrocities) Raigarh, District Raigarh Chhattisgarh in Complaint Case No. 2204 of 2023 and subsequently allow the application filed under Section 156(3) of the Criminal Procedure Code and direct the police authority to register FIR against the respondent no. 4 and 5 in the interest of justice. 6) Per contra, learned counsel for the State opposes the prayer made by the learned counsel for the appellant. 7) I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 8) From bare perusal of the complaint filed by the complainant in the present case it is pertinent that the complainant of this case has filed a complaint case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against one Smt. Kajal Saluja and another complaint case was registered against some Janaki Sidar Mahesh Dewangan under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act only. And in both the case the accused were successfully acquitted. Moreover the complainant has not specifically made any statement in her application as to what abuses were hurled at her, who beat her and when, who threatened to kill her and who being a woman , committed the crime with the intent to outrage her modesty. 9) Therefore, looking to the above findings made by this court it could be ascertained that the appellant only for the purpose of taking revenge has filed complaint against one or the other mentioned 4 person as well as the present accused/Ramesh Sharma on the same grounds. Both the accused in the two previous made complaints were acquitted and in the present case also the complainant has not specifically mentioned about the kind of abuses she received and by whom she has been beaten up. There is no such evidence to prove the allegations made by the complainant against the accused person. Thus only on the mere saying of the complainant without detailed allegations and proof is unworthy. Hence this court is of the considered opinion that the decision taken by the leaned Special Judge (Atrocities) Raigarh, District Raigarh Chhattisgarh in complaint case (filing ) No. 2204 of 2023 suffers no illegality, perversity or any jurisdictional error. The ground on which the application under Section 156(3) of the Criminal Procedure Code has been rejected is just and proper. Thus it needs no interference. 10) Hence the present criminal appeal deserves to be and is hereby dismissed being devoid of merits. 11) No order as to cost(s). sd/- ({Arvind Kumar Verma}) JUDGE alfiza