1 2025:CGHC:23319-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 308 of 2025 1 Durgesh Kumar Patel S/o Narayan Prasad Patel Aged About 38 Years R/o Near Vision Institute (Delhi Academy), Naya Chandaniyapara, Janjgir, District- Janjgir- Champa Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 Superintendent Of Police Janjgir, District- Janjgir-Champa, Chhattisgarh 3 Station House Officer Police Station- Janjgir, District- Janjgir-Champa Chhattisgarh 4 Bhupendra Tandon S/o Rohit Ram Tandan Aged About 29 Years R/o Ward No.8, Janjgir, Tahsil- Janjgir, District- Janjgir-Champa (C.G.) ... Respondent(s) For Petitioner : Mr. Dharmesh Shrivastava, Advocate. For Respondents/State : Mr. S. S. Baghel, Dy. G.A. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.13 10:55:03 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 12.06.2025 1. Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, Dy. G.A. appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “(I) That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or any other appropriate writ directing respondent Nos. 2 and 3 to register first information report against the respondent No. 4 based on the petitioner's complaint for offences under Sections 318(4), 351(2)/(3), 308(2) of Bharatiya Nyaya Sanhita, 2023 (corresponding sections 420, 506, 384 of Indian Penal Code) and other applicable provisions of the Bharatiya Nyaya Sanhita, 2023 (Indian Penal Code). 3 10.3 That, this Hon'ble Court further may kindly be pleased to direct the respondent No. 2 to ensure a fair and expeditious investigation into the complaint against respondent No. 4. 10.4 That, this Hon'ble Court further may kindly be pleased to pass an appropriate interim order directing the respondent No. 4 to refrain from harassing or threatening the petitioner during the pendency of this petition. 10.5 That, any other writs and direction which this Hon'ble Court deems fit and just in the facts and circumstances of the case be granted to the petitioner withe cost of the petition. An affidavit in support of the writ petition is filed herewith. 3. 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 respondent No. 4 namely Bhupendra Tandon for cheating, extortion, illegal money-lending and criminal intimidation no action has been taken against the respondent No. 4 and he is continuously harassing the petitioner. 4. Learned State counsel, on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the Court 4 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. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ Jyoti