Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:30443-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 365 of 2025 Smt Sona Patel W/o Shri Bhagvan Das Patel Aged About 52 Years R/o ID, Ward No.55 HSCL Colony Ruabandha, Civic Centre Bhilai, District Durg (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Through Secretary Department Of Home Mantralaya Mahanadi Bhawan Nava Raipur Atal Nagar District- Raipur (C.G.) 2 - Superintendent Of Police, Durg District- Durg (C.G.) 3 - Station House Officer P.S. Mohan Nagar District -Durg (C.G.) 4 - Bhagwan Prasad Barmaiya R/o 1 Jawahar Ward No.19, Mandla District- Mandla (M.P) 5 - Aarti Barmaiya D/o Bhagwan Prasad Barmaiya R/o 1 Jawahar Ward No.19, Mandla District Mandla (M.P) 6 - Rohit Barmaiya S/o Bhagwan Prasad Barmaiya R/o 1 Jawahar Ward No.19 Mandla District- Mandla (M.P)
... Respondent(s) (Cause title is taken from CIS) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.08 10:45:09 +0530
2 For Petitioner : Mr. Chandresh Shrivastava, Advocate For Respondents/ State : Mr. S. S. Baghel, Dy. Govt. Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge
Judgment on Board Per Ramesh Sinha, Chief Justice 04/07/2025
1. Heard Mr. Chandresh Shrivastava, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, learned Dy. Govt. Advocate appearing for the respondents/ State.
2. The petitioner has filed this petition praying for following relief:-
“10.1. The Hon'ble Court may kindly be pleased to call for the entire records including diary of Crime No. 0515/2024 registered at Police Station Mohan Nagar, Durg for offences punishable under section 296, 351(2), 115(2) and 3(5) of the BNS.
10.2. That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to take action against the respondent No. 4 to 6 pursuant to the registration of FIR bearing Crime No. 0515/2024 and conclude the investigation by filing final report.
10.3. That, the Hon'ble Court may kindly be pleased to direct the respondent No. 2 to make enquiry and take action against respondent No.3.”
3. The present petition has been preferred by the petitioner against the respondent authorities particularly against the respondent No.3 who is not taking any action against the respondent No.4 to 6 pursuant to the registration of First Information Report bearing
3 No. 0515/2024 dated 16.10.2024 for the offences punishable under Sections 296, 351(2), 115(2) and 3(5) of BNS and giving shelter to them thereby allowing to perpetuate their illegal action by not filing final report in the matter wherein the private respondents are creating threat towards the petitioner.
4. The facts of the case in brief is that on 23.08.2024 at about 3:30 pm, the petitioner was verbally abused, beaten up and was threatened with death by the respondents No. 4 to 6. The respondents no. 4 was friend of the petitioner's husband whereas respondent 5 and 6 are his children. The respondent 4 wanted to marry his daughter to the petitioner's son to which the petitioner was having no objection but she intended to get married her daughter first. Since the matter got delayed the respondents No. 4 to 6 on 23.08.24 verbally abused the petitioner and also threatened her to death assaulted her at a market place. The petitioner on account of the said incident lodged an FIR before the Police Station, Mohan Nagar however, till date neither any action was taken against the respondents no. 4 to 6 nor the investigation was completed by respondent no.3 by filing final report, hence, the present petition.
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Learned counsel for the State would not oppose the submission made by the counsel for the petitioner and submit that this petition may be disposed of with a direction to the respondent authorities to conclude the trial expeditiously.
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6. We have heard learned counsel for the parties and perused the documents appended with the writ petition.
7. Considering the facts and circumstances of the case and the
submissions advanced by learned counsel for the parties and particularly considering the fact that investigation is pending and no action has been taken towards the complaint of the petitioner, despite the fact that she has categorically leveled an allegation against the private respondents that they are threatening her with dire consequences, we direct the Investigating Officer-respondent No.3 to conclude the investigation of the present case and submit a police report under Section 173(2) of the CrPC (Now Section 193(3) of the BNSS) before the Magistrate concerned expeditiously, in accordance with law, if already not concluded, preferably within a period of six weeks from today.
8. The petitioner is directed to produce a copy this order to the investigating officer within a period of one week from today.
9. With the aforesaid direction, the instant Writ Petition stands
disposed of. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar/ Jyoti