1 2025:CGHC:4412-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 38 of 2025 1 - Ekadashiya S/o Jagesar Aged About 75 Years Caste Rawat, Resident Of Village Tharakpur, Tahsil Bhatgaon, District Sarangarh-Bilaigarh Chhattisgarh 2 - Baharata S/o Jagesar Aged About 65 Years Caste Rawat, Resident Of Village Tharakpur, Tahsil Bhatgaon, District Sarangarh-Bilaigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home Mantralaya, Mahanadi Bhavan, Naya Raipur, Raipur (Chhattisgarh) 2 - Superintendent Of Police Sarangarh, Distt. Sarangarh-Bilaigarh (Chhattisgarh) 3 - The Station House Officer Police Station Bhatgaon, Distt. Sarangarh-Bilaigarh (Chhattisgarh) 4 - Manohardas S/o Dayadas Caste Panka, Resident Of Village Tharakpur, Tahsil Bhatgaon, District Sarangarh-Bilaigarh, Chhattisgarh (Accused) 5 - Kamleshwar S/o Manohardas Caste Panka (Das), Resident Of Village Tharakpur, Tahsil Bhatgaon, District Sarangarh-Bilaigarh Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 24.01.2025 1. The present writ petition has been filed by the petitioner seeking following relief:- 1. That, this Hon’ble Court may kindly be pleased to issue an appropriate writ by directing the respondent No. 1 to 3 to take necessary steps upon complaint of the petitioners against respondent No. 4 & 5 according to the law laid down by Hon’ble Court in the case of Lalita Kumar Vs. State of U.P. in the interest of justice. 2. That, this Hon’ble Court may kindly be pleased to direct the police authority to register the case committed under Section 307, 324, 325, 420, 34 of IPC against the respondent No. 4 & 5 within stipulated time, in the interest of justice. 3. Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2. The brief facts of the case are that the forefather of the petitioners namely Laxmi Narayan has got recorded his name in revenue record over the land bearing Khasra No. 344 area 1.39 acre which is situated at Village Tharakpur. Thereafter, the petitioners have family partition of their above ancestral property and they have obtained the ancestral property from the family partition and have got mutated their names in the revenue record and came in possession since the year 1994-95. Thereafter, respondent No. 4 & 5 were tried to forcefully dispossess the petitioners from their land and also tried to cut the paddy from their land and when the petitioners tried to stopped them from illegal encroachment, the respondent No. 4 & 5, have assaulted by danda, due to which the petitioner received grievous injuries on face and chick and bleeding from the injuries. The petitioners have made several complaints before the police authorities but they did not take any action and therefore, they filed the present writ petition. 3 3. Learned counsel for the petitioner would submit that from the complaint made by the petitioner, a cognizable offence appears to be made out against the respondents No. 4 & 5 for which the Police is bound to register the FIR against them and to investigate the matter but till today they have not taken any action against the respondent No. 4 & 5. therefore, the petitioner has prayed for a direction to the police authorities to register the case against the Respondent No. 4 & 5, in the interest of justice. 4. Learned State counsel 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. 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 C.G. & Ors.) decided on 12.04.2023, dismissing the said petition, hence, the present petition be also dismissed in terms of the said order. 5. We have heard learned counsel for the parties and perused the document annexed with the petition. 6. Considering the facts and circumstances of the case, further considering the nature of allegation and property dispute between the private parties, and also in view of the aforesaid judgments, the present petition is dismissed with liberty to the petitioner to avail the remedy by filing duly constituted complaint either under Section 156(3) or Section 200 of Cr.P.C. before the appropriate Forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.01.31 14:08:32 +0530