Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:50790-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 533 of 2025 1 - Smt. Manita Nishad S/o Yashwant Nishad Aged About 40 Years R/o Village - Kotni, School Chounk Near Water Tank, Tahsil And District - Durg (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home (Police), Mahanadi Bhavan, Mantralaya, Atal Nagar Raipur, District - Raipur
(C.G.) 2 - The Collector Durg District - Durg Chhattisgarh 3 - The Superintendent Of Police Durg, District - Durg, Chhattisgarh 4 - Station House Officer Police Station - Pulgaon, District - Durg (C.G.) 5 - Rohit Kumar S/o Devisingh Sahu Aged About 32 Years R/o Village - Kotni, Tahsil And District - Durg (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Tarun Dansena, Advocate For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board (13.10.2025) Digitally signed by ABHIGYA SAXENA
2 Per,
Ramesh Sinha, Chief Justice
1. Heard Mr. Tarun Dansena, Advocate and Mr. Sangharsh Pandey, Government Advocate. 2. The present petition has been filed by the petitioner with the following relief(s):-
“10.1. That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2. That, the petitioner makes a humbly request to the Hon'ble Court to issue a writ in the nature of mandamus directing the respondents to lodge F.I.R. and investigate the matter against the respondent no. 5. 10.3. That, the cost of the petition may also be given to the petitioner by the respondent authorities. 10.4. Any other relief may also be granted to the Petitioner which this Hon'ble Court deemed fit in facts and circumstances of the case.”
3. Learned counsel for the petitioner would submit that despite several complaints having being made by petitioner to the respondents- authorities for registration of FIR against the respondent No.5, the same has not been registered. 4. Learned State counsel, on the other hand, has submitted that the
3 grievance of the petitioner can be very well redressed before the Court below by filing an application under Section 156(3) or 200 of the Cr.P.C. (now, under Section 175(3) or under Section 223 of Bharatiya Nagarik 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 4 dated 14.12.2020 as well as by this Court in WPCR No. 333 of 2020 (Akhilesh Agrawal vs. 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 a liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/-
(Amitendra Kishore Prasad) (Ramesh Sinha)
Judge Chief Justice Saxena