Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31158-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 370 of 2025 Meena Bansal W/o Sunil Bansal Aged About 51 Years R/o Village Khapri, Police Station- Takhatpur, District- Bilaspur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, Distt. Raipur (C.G.) 2 - Director General Of Police, Police Head Quarters, Atal Nagar, District Raipur (C.G.) 3 - Superintendent Of Police, Bilaspur, Distt. Bilaspur (C.G.) 4 - Station House Officer, Police Station Takhatpur, District Bilaspur (C.G.) 5 - Vikas Agrawal S/o Ramavatar Agrawal Aged About 45 Years R/o Takhatpur, Distt. Bilaspur (C.G.) 6 - Nikita Agrawal W/o Vikash Agrawal Aged About 42 Years R/o Takhatpur, Distt. Bilaspur (C.G.) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.09 10:33:36 +0530
2 7 - Akshat Agrawal S/o Ramavatar Agrawal Aged About 40 Years R/o Takhatpur, Distt. Bilaspur (C.G.)
... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Mirza Hafeez Baig, Advocate. For Respondents/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
08.07.2025
1. Heard Mr. Mirza Hafeez Baig, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, Dy. A. G. appearing for the respondents/State.
2. The present writ petition has been filed by the petitioner with the following prayers:
“10.1 That, this Hon'ble Court may kindly be pleased to call the records of the entire records of the incident from P.S. Takhatpur, Distt. Bilaspur (C.G.). 10.2 That, this Hon'ble Court may kindly be pleased to issue the writ and direct to the respondent authorities to register the cognizance offences under Section 333, 296, 115(2), 351(2)(3) and 3(5) of B.N.S. 2023 against the respondents No. 5 to 7 and other 6
3 persons. 10.3 Any other relief, which may be deemed fit and in the facts and circumstances of the case, may also be.”
3.
Learned counsel for the petitioner would submit that after executing the agreement and giving the possession of home and land, the respondents No. 5 & 6 refused to sale the above property and both of them suddenly along with respondent No. 7 and other 6 persons entered into the above said home of the petitioner without her permission and they threatened the petitioner and her family members. He would submit that the private respondents alongwith other persons used filthy words towards her and also beaten her and her minor daughter. Further, the petitioner on the same day i.e. 08.09.2022, went to Police Station - Takhatpur and intimated about the incident by submitting written complaint to the S.H.O. of P.S. Takhatpur, Distt. Bilaspur (C.G.), but the S.H.O. of P.S. Takhatpur has still not taken any appropriate legal action and had not registered the FIR still. Hence, this petition.
4. Learned State counsel, on the other hand, 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. (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
4 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 S. Bhilwar/ Jyoti