Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:14202-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 163 of 2025 Taukir Ahmad S/o Late Salauddin Aged About 43 Years R/o Village- Risdi, P.S.Civil Line Rampur Tahsil And District - Korba (C.G.)
... Petitioner versus 1 - Ramkumar Kanwar S/o Late Samar Singh R/o Village- Tanakhar P.S. Katghora Tahsil - Podi Uproda, District- Korba (C.G.) 2 - Sumitra Yadav W/o Ramayan R/o Village- Tanakhar P.S. Katghora Tahsil - Podi Uproda, District- Korba (C.G.) 3 - Sub Divisional Magistrate Podi Uproda, District- Korba (C.G.) 4 - Station House Officer, District - Korba (C.G.)
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sandeep Sharma, Advocate For Respondent-State : Mr. Shaleen Singh Baghel, Dy. Govt. Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
25.03
.2025
1 Heard Mr. Sandeep Sharma, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the respondents No. 3 and 4/State. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.03.25 16:52:36 +0530
2 2 The present writ petition has been filed by the petitioner with the following prayers:
“10.1 The Hon’ble Court may kindly be pleased to direct the respondent no.4 to registered the FIR against the respondent no.1 and 2 in the complaint of petitioner in accordance with law. 10.2 The Hon’ble Court may kindly be pleased to direct the respondent no.3 to conclude the proceeding of Criminal Case No.20240805030006/Section-145/2023-24 pending before him within stipulated period. 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief, as if may deem fit and appropriate. 10.4 Cost of the petition may also be given.” 3 Insofar as relief No.10.1 is concerned, 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. 1 and 2, 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
3 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 & 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. 6 Insofar as the relief No.10.2 is concerned, the petitioner is at liberty to take recourse to the law, if so advised. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu