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2025 DAILYLAW 16545 (CHH)

SMT. KAMLA HONHAGA v. STATE OF CHHATTISGARH

WPCR/249/2018 · 2025-06-17

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:25996-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 249 of 2018 1 - Smt. Kamla Honhaga W/o Luxamn Honhaga Aged About 40 Years R/o Q. No. 13/2 N. E Colony Budhwari Market Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary Department Of Home Mahanadi Bhawan New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Inspector General of Police Bilaspur Rang Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - The Superintendent of Police Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - The Station House Officer Police Station - Torwa District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Siraj Ahamad S/o Ajim Haji Ahamad Aged About 36 Years R/o Jhoparapara Near Shiv Mandir Sirgiti Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Akash Pandey, Advocate For Respondent Nos.1 & 2/State : Mr. Shashank Thakur, Dy.A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.20 10:32:52 +0530 2 18 .06.2025 1. The present petition has been filed by the petitioner with the following prayers: “10.1. That this Honble court may kindly be pleased to direct the respondent authority to registered the F.I.R against the respondent no. 5 on the basis of complain lodge by the petitioner. 10.2 That, this Honble court may kindly be please to set aside the closer report dated 20.1.2018 ANNEXURE P/4 passed by the respondent no. 4 and further be please to direct the police authority to registered the F.I.R and initiated the proper enquiry in respect of crime committed by the respondent no. 5 10.3 That any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel appearing for the petitioner would submit that despite complaint made by the petitioner, respondents authorities have not taken any action on the complaint made by the petitioner. 3. Learned State counsel, on the other hand, has 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 of the Cr.P.C. 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, 3 dismissing the said petition, hence, the present petition be also dismissed in terms of the said order. 4. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/ Amardeep