PRADEEP KUMAR SHARMA v. HINDUJA LEYLAND FINANCE LIMITED
WPCR/382/2025 · 2025-07-10
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30662 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30662 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:32169-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 382 of 2025 Pradeep Kumar Sharma S/o Father Name Radha Kishun Sharma Aged About 38 Years R/o Ward No. 06, Narmada Vihar, Yadunandan Nagar, Bilaspur (C.G.) - 495001
... Petitioner(s) versus 1 Hinduja Leyland Finance Limited 7/1 Lord Sinha Road Lords Building Ground
Floor,
Kolkata,
West
Bengal
-
713216 2 State Of Chhattisgarh Through Principal Secretary, Home Department Mahanadi Bhawan, Mantralaya, Naya Raipur District- Raipur Chhattisgarh 3 Director General Of Police Police Head Quarter Raipur District- Raipur
Chhattisgarh 4 Superintendent Of Police Raipur District - Raipur Chhattisgarh 5 Station House Officer Police Station Khamtarai District - Raipur, Chhattisgarh
.. Respondent(s) For Petitioner : Mr. Raman MIshra, Advocate. For Respondents/State : Mr. S. S. Baghel, Dy. G.A. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.11 17:42:06 +0530
2 Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
11.07.2025
1. Heard Mr. Raman Mishra, 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:
“10.1 That, Hon'ble Court may kindly call the records. 10.2 That, Hon'ble Court may kindly Issue a writ of mandamus
or
any
other
appropriate writ/order/direction directing Respondent Nos. 4 and 5 to register an FIR and initiate criminal investigation based on the complaint against Respondent No.1. 10.3 That, Hon'ble Court may, Grant compensation for wrongful seizure and loss. 4 Any other relief, which may deem fit in the interest of justice.
3.
Learned counsel for the petitioner would submit that despite several complaints having being made by petitioner to the respondents-
3 authorities for registration of FIR against the respondent No. 1 for illegal and arbitrary seizure of the petitioner’s vehicle and commercial goods worth Rs. 11,47,187/- . He would further submits that on 04.05.2025, petitioner’s vehicle was seized unlawfully while transporting sponge iron from Bilaspur to Raipur without giving any notice by unauthorized agents.
4. 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. (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 Jyoti/ Saurabh