1 2025:CGHC:3593-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 496 of 2024 1 - D.K. Rao Partner Of D.K. Construction Geetanjali Enclave, Ring Road No. 2 Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State pf Chhattisgarh Through Secretary, Department Of Home (Police) Mantralay, Naya Raipur, Raipur, Chhattisgarh. 2 - The Director General Of Police, Police Headquarter, District Raipur, Chhattisgarh. 3 - The Superintendent Of Police District Raipur, Chhattisgarh. 4 - The Station House Officer Police Station Gudhiyaari District Raipur, Chhattisgarh. 5 - Sunil Kumar Madhup, Dermatologist District Hospital Dhamtari, District : Dhamtari, Chhattisgarh 6 - Vijay Kumar General Manager Co- Project (Sah Pariyojana) Director National Highway Authority Of India, District Ranchi, Jharkhand. 7 - Gokul Agrawal Indian Commercial Eastern Private Limited, 256- A, Chitranjan Avenue, District Kolkata, West Bengal. 8 - M. R. Rakesh Kumar Sail Assenjia, Head Of J.V. Project, 6th Floor, C- Wing, Met Educational Complex, A.K. Vaidh Road, Bandra West, Mumbai, Pin- 400050 2 9 - Chandan Bharti Address- P. Devi House No. 13, Near Sarojani Garden Deepatoli, District Ranchi, Jharkhand. 10 - Deepanjan Bhdra Indian Commercial Eastern Private Limited, 256- A. Chitranjan Avenue, District Kolkata, West Bengal. ... Respondent(s) For Petitioner(s) : Mr. Himanshu Kumar Sharma, Advocate. For Respondent/State : Mr. Shashank Thakur, Deputy Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 21/01/2025 1. Heard Mr. Himanshu Kumar Sharma, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the Respondent/State. 2. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a direction from this Court for registering of the offence against the respondent nos. 5 to 10 and police authorities and has made the following prayer in his writ petition: "10.1. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities i.e. 1 to 4 to register offence U/s 182, 193, 195, 384, 388, 420, 468, 471 against Respondent no. 5 to 10 and offence U/s 166, 166A, 167, 182, 193, 195, 384, 388, 420, 468, 471 against Police Officers of Gudhiyaari Police Station, District Raipur, Chhattisgarh. 10.2. That, this Hon'ble Court may kindly be pleased 3 to grant any other relief, as it may deem fit. 10.3 That, this Hon'ble Court may kindly be pleased to direct to pay Compensation for harassment and Cost of the petition may also be awarded an affidavit is filed." 3. The subject matter in brief as reflected from the pleadings and documents of the writ petition are that the petitioner is a partner of D.K. Construction and well acquainted with the respondent nos. 5 to 10 as they were engaged in construction business. They had a project of construction work of 4 lane road from Kutchery Chowk to Bijupara and total cost of work was more than Rs. 10 Crore. It is alleged that there exist a business dispute with respect to the percentage of the total amount between the petitioner and the respondent nos. 5 to 10. Certain transactions have also been exchanged between them through bank account either in the bank account of the petitioner or his family members and also either in the name of respondent nos. 5 to 10 or their family members. Ultimately dispute arose between the parties with respect to the account of balance amount and the petitioner has made a compliant to the police authorities for registration of the FIR against the respondent nos. 5 to 10 alleging in it that the petitioner is being cheated by the accused persons and they have given threatening to him. Since the police authorities have not considered that the complaint is disclosing any cognizable offence, he has not taken any action and then an application under Section 156(3) of the Cr.P.C. has been filed by the petitioner before the learned Judicial Magistrate First Class, Raipur on 07.10.2024. On the application under Section 156(3) of the Cr.P.C. filed by the petitioner, the learned trial Court has called the police report from the jurisdictional police 4 station Gudhiyaari District Raipur. Since the report was not submitted by the Gudhiyaari police, Raipur the present petition has been filed by the petitioner with the aforesaid relief. 4. Learned counsel for the petitioner would submit that the police ought to have register the FIR and to investigate the matter as cognizable offence of cheating and criminal intimidation has clearly been made out from the compliant of the complainant as well as the documents available with him. Despite there is direction in the case of Lalita Kumari vs. Government of Uttar Pradesh and Others 2014(2) SCC (1), the police authority are not registering the FIR against the respondents no. 5 to 10. 5. Learned counsel for the petitioner has filed certain documents of order- sheet as well as report dated 06.01.2025 which is submitted by the police station Gudhiyaari District Raipur before the learned trial Court and on 21.01.2025 again certain documents of order-sheet and complaint memo has been filed by the petitioner along with the submission memo. He would further submits that despite submitting the police report, the learned trial Court has not considered the police report and adjourned the matter for 10.02.2025. 6. On the other hand, learned counsel for the State would submit that the police report has been submitted by the concerned police station and the matter is pending for consideration before the learned Judicial Magistrate First Class, Raipur. 7. We have heard learned counsel for the parties and perused the documents annexed with the petition. 8. Considering the submissions made by learned counsel for the parties, 5 further considering that the petitioner is pursuing his remedy under Section 156(3) of Cr.P.C. before learned Judicial Magistrate First Class, Raipur where the police report has also been called and the report has been submitted by the jurisdictional police station Gudhiyaari, Raipur on 06.01.2025, the parallel proceeding for the same relief cannot be entertained by way of this petition, which is filed for the same relief i.e. for registration of FIR. We found no ground to allow the present petition as the matter is under consideration before the learned Judicial Magistrate First Class, Raipur. Therfore, the petition is liable to be and is hereby disposed of. However, the learned trial Court is directed to decide the application filed by the petitioner under Section 156(3) of the Cr.P.C. expeditiously in accordance with law. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.01.28 14:36:36 +0530