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2025 DAILYLAW 15638 (CHH)

DEVRAJ JAIN v. STATE OF CHHATTISGARH

WPCR/184/2025 · 2025-04-03

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:15608-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 184 of 2025 Devraj Jain S/o Lt. Sonraj Jain, aged about 62 years Caste Jain R/o Ward No. 7, Pandariya, PS and Tahsil Pandariya, District Kabirdham Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through SHO, P.S. Pandariya, District Kabirdham Chhattisgarh 2 - Superintendent Of Police District Kabirdham Chhattisgarh 3 - Amar Raj S/o Late Krishna Raj Aged About 35 Years R/o House No. 1, Ward No. 15, Pandariya, District Kabirdham 4 - Vikram Singh Thakur S/o Late Karan Singh Thakur R/o Killapara, Pandariya, District Kabirdham Chhattisgarh 5 - Lalla Soni S/o Tiblu R/o Killapara, Pandariya, District Kabirdham Chhattisgarh ... Respondent(s) _________________________________________________________ For Petitioner : Mr. Anunay Kumar Shrivastava, Advocate For Respondents/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 03 . 04 .202 5 1. Heard Mr. Anunay Kumar Shrivastava, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 Advocate, appearing for the State / respondent Nos. 1 to 2. 2. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs : “10.1. That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the Petitioners from the possession of the respondents, for its kind perusal. 10.2. That this Hon'ble Court may kindly be pleased to issue writ or writs, order or orders, direction or directions directing the Respondent No. 1 to register FIR against the proposed accused i.e. Respondent no.3 to 5 for their unlawful act, in the interest of Justice. 10.3. Any, other order that this Hon'ble Court deems fit in the interest of justice be awarded to the petitioner.” 3. Learned counsel appearing for the petitioner would submit that despite written complaint being made by the petitioner to respondent Nos.1 & 2 for registration of FIR, no action is being taken against the respondent Nos. 3 to 5. 4. Learned State counsel, on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the competent Court by filing an application under Section 156 (3) or 200 of the Cr.P.C. He further submitted 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 3 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/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Chandra