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2025 DAILYLAW 51223 (CHH)

NARENDRA KUMAR BARETH v. STATE OF CHHATTISGARH

CRMP/3121/2025 · 2025-10-13

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:51271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3121 of 2025 1 - Narendra Kumar Bareth S/o Bharatlal Bareth Aged About 46 Years R/o Beltikari Basahat, Deepka, District - Korba, Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Deepka, District - Korba, Chhattisgarh. 2 - Basant Kumar Kanwar R/o Pali Tahsil Pali District - Korba, Chhattisgarh. 3 - Manohar Yadav Basant Kumar Kanwar R/o Pali Tahsil Pali District - Korba, Chhattisgarh. 4 - Vijay Kanwar Basant Kumar Kanwar R/o Pali Tahsil Pali District - Korba, Chhattisgarh. 5 - Bhagwat Sahu Basant Kumar Kanwar R/o Pali Tahsil Pali District - Korba, Chhattisgarh. ... Respondent(s) For Petitioner : Shri Vikas Kumar Pandey, Advocate. For State : Ms. Sunita Manikpuri, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 14.10.2025. 1. The present writ petition has been filed by the petitioner seeking following prayer: “It is therefore, prayed that this Hon’ble Court may kindly be pleased to allow the instant petition and direct the respondents No.1 to investigate and register FIR against the respondents No.2 to 5 for illegally trespassing into the house of petitioner after demolishing the boundary wall of the house of applicant and for causing damage to the property including the tree standing, in the interest of justice.” 2. Brief facts of the case as emerges from the petition are that, the petitioner is residing along with his family at Plot No.514, area 0.06 2 Decimal situated Beltikari Basahat, Deepika, District Korba. The said land was allotted to him 20 years back by the Gram Panchayat. On 02.06.2025 in absence of petition in his house, the private respondents entered into his house and demolished the boundary wall of his house with bulldozer and also uprooted standing trees from his courtyard. The petitioner lodged a written report against the respondents on 04.06.2025 at Police Station Deepika. However, instead of registering FIR against the culprit, they advised the petitioner to approach before the competent Civil Court. Thus, the present petition has been filed for a direction to the respondent No.1 to register FIR against the respondents No. 2 to 5 and to proceed in accordance with law. 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.2 to 5 for which the police is bound to register FIR against them and to investigate the matter. The act and action of the police authorities does not seem to be proper. 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 Chhattisgarh & Others) decided on 12.04.2023, dismissing the said petition, hence, the present petition be also dismissed in terms 3 of the said order. 5. Accordingly, the present petition is dismissed with liberty to the petitioner to avail the remedy by filing duly constituted complainant either under Section 156(3) or Section 200 CrPC before the appropriate Forum. Sd/- (Ravindra Kumar Agrawal) Judge inder