1 2025:CGHC:33931-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 405 of 2025 Shaukhi Lal S/o Shri Late Itwar Sai Aged About 42 Years R/o Village Kanberi, Tahsil And Police Station Urga, District- Korba C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur C.G. 2 - Director General Of Police, Head Quarter, Indrawati Bhawan, Naya Raipur, District Raipur C.G. 3 - The Inspector General Of Police, Bilaspur, District Bilaspur C.G. 4 - The Superintendent Of Police, District Korba C.G. 5 - Station House Officer, Police Station- Urga, District Korba C.G. 6 - Narendra S/o Ramratan Aged About 24 Years R/o Village Kanberi, Tahsil And Police Station- Urga, District Korba C.G. 7 - Ramratan Aged About 50 Years R/o Village Kanberi, Tahsil And Police Station- Urga, District Korba C.G. 8 - Smt. Kuwariya W/o Ramratan Aged About 45 Years R/o Village Kanberi, Tahsil And Police Station- Urga, District Korba C.G. 9 - Sushil S/o Ramratan Aged About 27 Years R/o Village Kanberi, Tahsil And Police Station- Urga, District Korba C.G. ... Respondent(s) For Petitioner(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.07.18 18:48:54 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 18.07.2025 1. Heard Mr. Bharat Lal Sahu, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, 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 for the record for the respondents with regard to action taken by the respondents on the complaint of the petitioner. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondents to lodge First Information report against the respondent no. 6 to 9 as per complaint made by the petitioner regarding abducting and sexual offences committed by them with her minor daughter. 10.3 That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice.” 3. Learned counsel for the petitioner would submits that the action of the respondents are unconstitutional, illegal and contrary and not sustainable in the eye of law. The action of the respondents amount to violation of Article 19 and 21 of the Constitution of India. The private respondents have abducted the minor daughter of the petitioner and 3 committed sexual offences with her but still against them no offences have been registered, which is illegal and against the law. The petitioner's minor daughter is 15 years old and she is missing on 13.06.2025 at evening about 6:00 P.M. and she was found on 25.04.2025 in the house of the private respondents, even thereafter they have not sent the minor daughter of the petitioner to him and on the same date, a complaint was made before the Police Station Urga but they not given receipt, even still not taken any action against the culprit on his complaints. 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 Manpreet