1 CGHC010266822026 2026:CGHC:31879-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P(Cr.) No.399 of 2026 Gajendra Choudhari S/o Late Puran Lal Choudhari Aged About 67 Years R/o Behind Bank Of India, Maharaja Chowk, Borsi Road Durg, District- Durg (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Ministry Of Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Collector, Durg, District- Durg (C.G.) 3 - Superintendent Of Police, Durg, District- Durg (C.G.) 4 - Station House Officer, Police Station Padmnabhpur Durg, District- Durg (C.G.) 5 - Ramesh Tiwari (Advocate), R/o Behind Bank Of India, Maharaja Chowk, Borsi Road Durg, District- Durg (C.G.) ... Respondents ----------------------------------------------------------------------------------------- For Petitioner : Mr. Himanshu Henry along with Mr. Pradeep Kumar Singh, Advocates. For Respondents/State : Mr. Ashish Shukla, Addl. A.G. ---------------------------------------------------------------------------------------- SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.28 11:06:22 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 27.07.2026 1. Heard Mr. Himanshu Henry, learned Counsel for the Petitioner. Also heard Mr. Ashish Shukla, learned Additional Advocate General for the State/Respondents. 2. The present Petition has been filed by the Petitioner for the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the concerned police station to register the FIR against the private respondent i.e. respondent No.5. 10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 2. Learned Counsel appearing for the Petitioner submits that despite submitting several complaints before the Respondent authorities regarding the alleged acts of threat, harassment, obstruction and damage to the property by private Respondent No.5, no action has been taken by the police authorities. It is submitted that the Petitioner, being a senior citizen, has been continuously subjected to harassment and intimidation by Respondent No.5 and his family members. It is further submitted that the Petitioner has also submitted CCTV footage and other electronic evidence before the authorities, however, no FIR has 3 been registered till date, therefore, it is prayed that a direction may kindly be issued to the concerned police authorities to register an FIR against Respondent No.5. 3. Learned State Counsel, contrarily, submits that the grievance of the Petitioner can very well be redressed before the Court below by filing an appropriate application under Section 175(3) or Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is further submitted that the controversy involved in the present matter has already been considered 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, wherein such Petitions seeking direction for registration of FIR were dismissed, therefore, the present Writ Petition also deserves to be dismissed in the same terms. 4. Considering the facts and circumstances of the case and the submissions advanced by learned Counsel for the parties, we are of the opinion that the Petitioner has an efficacious alternative remedy available under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 for redressal of his grievance. The allegations levelled by the Petitioner involve disputed questions of 4 fact, which require appreciation of evidence and cannot be adjudicated in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. 5. Accordingly, the present Writ Petition is dismissed with liberty to the Petitioner to avail the appropriate remedy before the appropriate Forum, in accordance with law. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Priya