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2025 DAILYLAW 51093 (CHH)

RAMASHANKAR YADAV v. STATE OF CHHATTISGARH

WPCR/600/2025 · 2025-11-25

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:57407-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 600 of 2025 1. Ramashankar Yadav S/o Late Mahaver Yadav Aged About 35 Years R/o Ward No. 13, Ramanujganj, P.S. And Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) 2. Sangeeta Yadav W/o Ramashankar Yadav Aged About 32 Years R/o Ward No. 13, Ramanujganj, P.S. And Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary Department Of Law And Legislative Affairs Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Distt.- Raipur (C.G.) 2. Station House Officer P.S. Ramanujganj Distt.- Balrampur- Ramanujganj (C.G.) 3. Superintendent Of Police Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G.) 4. Alok Gupta S/o Late Nandlal Gupta Aged About 45 Years R/o Ward No. 9 Ramanujganj, R-7 Ward No. 1 Ramanujganj Present Address Wardrafnagar, Police Chowki Wardrafnagar, P.S. Basantpur R-8 To R-9 R/o Ward No. 4 Ramanujganj P.S. And Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) 5. Arvind Gupta S/o Late Nandlal Aged About 40 Years R/o Ward No. 9 Ramanujganj, R-7 Ward No. 1 Ramanujganj Present Address Wardrafnagar, Police Chowki Wardrafnagar, P.S. Basantpur R-8 To R-9 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.11.27 14:50:11 +0530 2 R/o Ward No. 4 Ramanujganj P.S. And Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) 6. Amrendra Gupta S/o Late Nandlal Gupta Aged About 48 Years R/o Ward No. 9 Ramanujganj, R-7 Ward No. 1 Ramanujganj Present Address Wardrafnagar, Police Chowki Wardrafnagar, P.S. Basantpur R- 8 To R-9 R/o Ward No. 4 Ramanujganj P.S. And Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) 7. Shravan Prajapati S/o Sitaram Prajapati Aged About 52 Years R/o Ward No. 9 Ramanujganj, R-7 Ward No. 1 Ramanujganj Present Address Wardrafnagar, Police Chowki Wardrafnagar, P.S. Basantpur R- 8 To R-9 R/o Ward No. 4 Ramanujganj P.S. And Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) 8. Saligram Tiwari S/o Late Kaji Tiwari Aged About 75 Years R/o Ward No. 9 Ramanujganj, R-7 Ward No. 1 Ramanujganj Present Address Wardrafnagar, Police Chowki Wardrafnagar, P.S. Basantpur R-8 To R-9 R/o Ward No. 4 Ramanujganj P.S. And Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) 9. Pradeep Tiwari S/o Saligram Tiwari Aged About 45 Years R/o Ward No. 9 Ramanujganj, R-7 Ward No. 1 Ramanujganj Present Address Wardrafnagar, Police Chowki Wardrafnagar, P.S. Basantpur R-8 To R-9 R/o Ward No. 4 Ramanujganj P.S. And Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) ... Respondent(s) For Petitioner : Mr. Vijay Shankar Mishra, Advocate For Respondents/ State : Mr. Praveen Das, Dy. A.G. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 26/11/2025 1. The present writ petition has been filled for following reliefs: 3 “10.1 That, this Hon'ble Court may kindly be pleased to directed the Chief Judicial Magistrtare Balrampur to decide the application U/S 156 (3) of CRPC which was made by the petitioners and further be pleased to give appropriation directions to the respondent no 2 & 3 to register FIR against the respondent no 4 to 9. 10.2 Any other relief may also be granted to the Petitioner which this Hon'ble Court deems fit in facts and circumstances of the case.” 2. Learned counsel for the petitioners submit that the petitioners had first lodged a written complaint on 18.11.2023 before the Police Station Ramanujganj against the accused persons for threatening, beating, and using abusive language; however, no action was taken by the police. It is further submitted that when, after a gap of four months, the accused persons again abused and threatened the petitioners, another written complaint dated 17.04.2024 was submitted to the same police station, but again no steps were taken. Learned counsel submits that due to the continuous inaction of the local police, the petitioners approached the Superintendent of Police, Balrampur by way of a written complaint dated 18.04.2024, yet even the higher authorities failed to take any action. It is further contended that when the authorities did not act on any of the earlier complaints, the petitioners invoked the remedy under Section 156(3) CrPC by filing an application 4 before the learned Chief Judicial Magistrate, Balrampur at Ramanujganj on 29.04.2024, seeking a direction to the Police Station Ramanujganj to register an FIR and take legal action against the accused persons. The said application is annexed as Annexure P-4. However, despite the lapse of considerable time, the learned Magistrate has neither registered the complaint case nor decided the petitioners’ application under Section 156(3) CrPC, and the matter remains pending without consideration. The inaction is further fortified from the order-sheets annexed as Annexure P-5, which show that neither any action has been taken by the police authorities nor any order has been passed by the learned Magistrate till date. 3. We have heard learned counsel appearing for the petitioners, perused the pleadings and the documents appended thereto. 4. Perusal of the order sheets dated 28.11.2024 and 06.01.2025 reveals that it was the petitioners themselves who sought time before the Court of learned JMFC, and despite this, they have filed the present petition in an attempt to maliciously tarnish the image of the court. 5. In view of the above facts and circumstances, it is evident that the petitioners have not approached this Court with clean hands and have deliberately suppressed material facts, particularly the proceedings reflected in the order sheets dated 28.11.2024 and 06.01.2025, wherein they had sought time before the court. The 5 present petition, filed despite the petitioners’ own conduct causing delay, appears to be an abuse of the process of law and an attempt to malign the dignity of the court. Accordingly, the writ petition is found to be devoid of merit and is hereby dismissed with costs of ₹50,000/-. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Later on : 6. Mr. Dhirendra Pandey, Advocate appears and submits that due to some confusion, Mr. Vijay Shankar Mishra, Advocate, has not submitted correct facts before this Court at the time of argument. He tenders unconditional apology and prays that no cost be imposed upon the petitioners. 7. Having considered the aforesaid submissions, the cost is reduced to ₹5,000/- for wasting precious time of the court, the same be deposited to the registry of this court within a period of 2 weeks from today, failing which it shall be recovered from the petitioners in equal proportion as arrears of land revenue by the Registrar General of this court. The said amount shall be transmitted to the Government Multi-Disabled Home, Village Pendri, District- Janjgir- Champa (C.G.). 8. However, the order passed on merits, as above, shall remain unaltered. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti