1 2025:CGHC:4881-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 49 of 2025 Smt. Indarniya Bai W/o Kripal Singh Aged About 35 Years Sarpanch, Village Panchayat, Lalpur, Tahsil- Gaurela, District : Gaurela-Pendra- Marwahi, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. 2 - Collector Gaurela, District : Gaurela-Pendra-Marwahi, Chhattisgarh 3 - Superintendent of Police Gaurela, District : Gaurela-Pendra- Marwahi, Chhattisgarh 4 - Station House Officer Police Station Gaurela, District : Gaurela- Pendra-Marwahi, Chhattisgarh 5 - Vimla Rathore W/o Omprakash Rathore, Working As Rojgar Sahayak In Village Panchayat, Lalpur, Police Station- Gaurela, Tahsil- Pendra Road, District : Gaurela-Pendra-Marwahi, Chhattisgarh 6 - Omprakash Rathore S/o Dhaniram Rathore, Government Teacher, R/o Village- Lalpur, Police Station- Gaurela, Tahsil- Pendra Road, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Dharmesh Shrivastava, Advocate For Respondent-State : Mr. Shashank Thakur, Dy. Advocate General ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.29 10:21:29 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 28.01.2025 1. Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the respondents No.1 to 4/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for perusal of this Hon’ble Court. 10.2 That, this Hon’ble Court may kindly be pleased to pass an order directing the respondent No.4 to lodge an offence against the respondent No.5 & 6 and investigate the matter in accordance with law against them in respect of fake entries in muster roll and using forged seal and sign of Sarpanch of Village Panchayat and also in respect of receiving amount of Rs.1000/- under Mahatari Vandan Scheme of State 3 Government. 10.3 That, any other writs and direction which this Hon’ble Court deems fit and just in the facts and circumstances of the case be granted to the petitioner. 10.4 That the cost of the petition may kindly be awarded in favour of the petitioners.” 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 respondents No. 5 and 6, the same 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. 4 5. Accordingly, the present writ petition is dismissed with a liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu