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2025 DAILYLAW 55331 (CHH)

HRIDYANAND PRADHAN v. STATE OF CHHATTISGARH

WPCR/588/2025 · 2025-11-18

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:56238-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 588 of 2025 1. Hridyanand Pradhan S/o Late Babaji Pradhan Aged About 79 Years R/o Makan No. 76, Ward No. 05, Shankarpur, District - Mahasamund (C.G.) 2. Kumodni Pradhan W/o Hridyanand Pradhan Aged About 75 Years R/o Makan No. 76, Ward No. 05, Shankarpur, District - Mahasamund (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through - Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 2. Superintendent Of Police Office Of Superintendent Of Police, District Mahasamund (C.G.) 3. Police Station Sankra Through Its Thana/ Officer In-Charge, Police Station Sankra, District - Mahasamund (C.G.) 4. Sanat Pradhan S/o Hridyanand Pradhan R/o Village - Shankarpur, Panchayat - Katangtarai, Tahsil - Pithora, District - Mahasamund (C.G.) Pincode- 492112 ... Respondent(s) For Petitioner : Ms. Dyna Bajrang, Advocate. For Respondents/State : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.11.20 10:13:52 +0530 2 19.11.2025 1. Heard Ms. Dyna Bajrang, learned counsel for the petitioners. Also heard Mr. Sangharsh Pandey, G.A. appearing for the State. 2. The present writ petition has been filed by the petitioners with the following prayers: “10.1 This Hon'ble Court is pleased to call for the entire records in respect of complaints made by the petitioners to the police staion, Sankra i.e. Respondent no. 3 for perusal of this Hon'ble Court as to what action has been taken by the police authorities on the complaints made by the petitioners. 10.2 This Hon'ble Court be pleased to direct to respondent authority to immediately take cognizance and investigate the complaint made by the petitioner against the respondent no. 4 in respect of creating the false and fabricated documents by putting false signature of the petitioner no. 1 in accordance with the procedure prescribed under the BNSS, 2023 as well as Police Manual/Regulation. 10.3 This Hon'ble Court be pleased to direct the respondent authority to immediately action against the respondent no. 4 and lodge the FIR against him in accordance with law as prescribed under the BNSS, 2023.” 3. Learned counsel for the petitioners would submit that despite several 3 complaints having being made by petitioners to the respondents-authorities for registration of FIR against respondents No. 4, in respect of creating false and fabricated documents by putting false signature of the petitioner No. 1, the FIR has not been registered. 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 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 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/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti