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2025 DAILYLAW 46517 (CHH)

P.K. ROY v. STATE OF CHHATTISGARH

WPCR/25/2025 · 2025-01-16

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:2625-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 25 of 2025 P.K. Roy S/o Late Ajit Kumar Roy Aged About 73 Years R/o Vivekanand Nagar, Gurunanak Chowk, Torwa, Bilaspur, Chhattisgarh. 495001 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mantralaya, Atal Nagar, Raipur, Chhattisgarh. 492002 2 - The Superintendent Of Police, Mungeli, District Mungeli, Chhattisgarh. 495334 3 - Officer-In-Charge Lalpur Thana, Lormi, District Mungeli, Chhattisgarh. 495334 4 - Anand Mishra S/o Dipak Mishra, R/o House No. 109, Karhi, Mungeli, Chhattisgarh. 495334 ... Respondent(s) For Petitioner(s) : Mr.Shubham Singh, Advocate For Respondents No.1 to 3/State : Mr.Shashank Thakur, Deputy Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 16.01.2025 BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.16 18:04:01 +0530 2 1. Heard Mr.Shubham Singh, learned counsel for the petitioner. Also heard Mr.Shashank Thakur, learned Deputy Advocate General for respondents No.1 to 3/State 2. This writ petition has been filed by the petitioner with following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records of this matter. 10.2 That, this Hon’ble Court may kindly be pleased to direct the Respondent to register an FIR based on the Petitioner's complaint dated 25/10/2024. 10.3 That, this Hon’ble Court may kindly be pleased to Direct the police to conduct a fair and impartial investigation into the incidents. ” 3. Learned counsel for the petitioner submits that the petitioner has made a complaint on 25.10.2024 before respondent No.3 as well as on 12.11.2024 before respondent No.2 requesting them to register the FIR against respondent No.4, but the respondent authorities have not taken any action against the accused person. 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 Cr.P.C. (now under Section 175(3) or under Section 223 of the Bharatiya Nagarik 3 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 v. 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 liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu