1 2025:CGHC:5737-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 66 of 2025 1 - Barat Kunwar Wd/o Late Panchram Shriwas Aged About 82 Years R/o Village Nandeli, Post Amgaon, Police Station And Tahsil Jaijaipur, District Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Ministry Of Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Collector Sakti, District Sakti (C.G.) 3 - Superintendent Of Police Sakti, District Sakti (C.G.) 4 - Station House Officer Police Station Jaijaipur, District Sakti (C.G.) 5 - Chand Ram S/o Late Mohit Ram Shriwas, R/o Village Nandeli, Post Amgaon, Police Station And Tahsil Jaijaipur, District Sakti (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Yogesh Chandra, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 31. 01.2025 1. The present writ petition has been filed by the petitioner seeking following relief:- 2 1. That, this Hon’ble Court may kindly be pleased to set aside the impugned memo dated 03.12.2024 (annexure-P/1) and direct the concerned police station to register the FIR against the private respondent i.e. respondent No. 5. 2. That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate. 2. The brief facts of the case are that the respondent No. 5 has filed a suit before the learned Civil Court, Class II, Jaijaipur, Dist- Sakti (CG) and the same was registered as Civil Suit No. 58-A/2024 and the same is pending for consideration. During the pendency of the suit, the respondent No. 5 filed an application under Order 22 Rule 4 of CPC regarding the death of the petitioner. It is pertinent to mention here that the petitioner is alive on this date, but the respondent No. 5 has disclosed before the learned Civil Court that the petitioner has died and therefore, the petitioner filed complaint before the concerned Police Station, Superintendent of Police as well as Collector on 09.11.2024 but they did not take any action and therefore, they filed the present writ petition. 3. Learned counsel for the petitioner would submit that action of the Police authority is purely erroneous and illegal, the Police is bound to register the FIR against them and to investigate the matter but till today they have not taken any action against the respondent No. 5. therefore, the petitioner has prayed for a direction to the police authorities to register the case against the Respondent No. 5, in the interest of justice. 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 C.G. & Ors.) 3 decided on 12.04.2023, dismissing the said petition, hence, the present petition be also dismissed in terms of the said order. 5. We have heard learned counsel for the parties and perused the document annexed with the petition. 6. Considering the facts and circumstances of the case, further considering the nature of allegation and property dispute between the private parties, and also in view of the aforesaid judgments, the present petition is dismissed with liberty to the petitioner to avail the remedy by filing duly constituted complaint either under Section 156(3) or Section 200 of Cr.P.C. before the appropriate Forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.02.17 10:21:34 +0530