1 2025:CGHC:53254-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 563 of 2025 Nirmal Yadu S/o Shri Ramji Yadu Aged About 40 Years R/o Vill- Khaira, P.S. Karhi Chowk, Dist- Balodabazar-Bhatapara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mahanadi Bhawan, Atal Nagar, Naya Balodabazar-Bhatapara, Balodabazar-Bhatapara (C.G.) 2 - Superintendent Of Police Balodabazar-Bhatapara, Dist- Balodabazar-Bhatapara (C.G.) 3 - Deputy Superintendent Of Police Balodabazar-Bhatapara, Dist- Balodabazar-Bhatapara (C.G.) 4 - S.H.O. P.S. City Kotwali Chowki Karhibazar, Dist- Balodabazar- Bhatapara (C.G.) 5 - Ajay Kumar Sahu S/o Shri Shekhar Sahu R/o Vill- Khaira, Police Chowki Karhibazar, P.S. City Kotwali Balodabazar, Dist- Balodabazar- Bhatapara (C.G.) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.11.01 11:49:57 +0530 2 6 - Aditya Tiwari S/o Shri Mahendra Tiwari R/o Vill- Khaira, Police Chowki Karhibazar, P.S. City Kotwali Balodabazar, Dist- Balodabazar- Bhatapara (C.G.) ... Respondent(s) (Cause title is taken from CIS) For Petitioner : None For Respondents/State : Mr. S. S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 31.10.2025 1. On repeated calls, none appears nor any representation has been made on behalf of the petitioner to press this petition. 2. Heard Mr. S. S. Baghel, learned Dy. Govt. Advocates appearing for the respondents/State. 3. By way of this writ petition, the petitioner has prayed for the following reliefs:- “10.1. The Hon'ble Court may kindly be pleased to issue a writ of MANDAMUS directing the respondent police authority to conduct proper and fair investigation on the complaint of the petitioner and register the F.I.R against the respondent No. 5 & 6 for the offences punishable U/s 106(3), 3(5) of Bharatiya 3 Nyaya Sanhita. 10.2. Any other relief, which this Hon'ble Court may, deems fit and proper may also be awarded to the petitioner including the cost of the petition.” 4. Facts of the case in brief, as projected in the writ petition, is that despite several complaints having being made by petitioner to the respondents-authorities for registration of FIR against respondents No.5 & 6 as they have caused serious injury to his mother, left her abandoned and escaped from the spot, no action has been taken towards his grievance. It is further stated that prima facie the offence of hit and run constituted against the private respondents however, no action has been taken with respect to the repeated complaints made by the petitioner and no FIR has been registered against the private respondents till date. 5. Learned State counsel would submit 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 & 4 Others) decided on 12.04.2023, dismissing the said petition, hence, the present petition be also dismissed in terms of the said order. 6. 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 S. Bhilwar