Chattisgarh High Court
Nicky Upadhyay vs State Of Chhattisgarh on 2 August, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 465 of 2021
• Nicky Upadhyay W/o Shashwat Upadhyay Aged About 27 Years
R/o Subham Vihar, Near Lafagarh Gas Godown, Mangla, Police
Station Civil Lines, Tahsil And District- Bilaspur, Chhattisgarh,
---- Petitioner
Versus
1. State of Chhattisgarh Through- Secretary, Department Of Home
Affairs, Mahanadi Bhavan, Mantralaya, Atal Nagar, Raipur, District-
Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
2. Inspector General Of Police, Bilaspur, District- Bilaspur,
Chhattisgarh, District : Bilaspur, Chhattisgarh
3. Superintendent Of Police, Bilaspur, District- Bilaspur, Chhattisgarh,
District : Bilaspur, Chhattisgarh
4. Station House Officer, Police Station Civil Line, Bilaspur, District-
Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh
5. Station House Officer, Police Station Mahila Thana, Bilaspur,
District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh
---- Respondents
For Petitioner : Mr. Amit Kumar, Advocate.
For State : Mr. Aditya Tiwari, Dy. Advocate General
Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
02-08-2021
1. The petitioner has filed the present petition under Article 226
of the Constitution of India against illegality and irregularity
act committed by the respondent authorities i.e., respondents
No. 1 to 5 for not registering the FIR against the responsible
persons.
2. The brief facts, as projected by the petitioner, are that the
marriage was solemnized between the petitioner and
Shashwant Upadhay on 16-2-2020 at Narayan Mangalam,
Bilaspur, District Bilaspur according to Hindu customs. At the
time of marriage, the father of the petitioner has given dowry
Rs.6,50,000/-cash, gold and silver ornaments and some
domestic articles. After passing of 2 - 3 months the family
members of her in-laws started tampering, harassing and
threatening and demanded Rs.5,00,000/- more as dowry. The
petitioner has informed about the incident and demand of
dowry to her parents. She has been deserted by the family
members of her in-laws in the month of February 2021.
Though the father of the petitioner tried to solve the matter,
but the family members of her in-laws refused his request and
demanded Rs.5,00,000/- as more dowry. It is further
contended that on 16-3-2021 the petitioner filed a written
report against her husband, mother-in-law, brother-in-law and
sister-in-law before the Police officials, but they have not
registered any FIR against them.
3. The petitioner has filed the present writ petition before this
Court and prayed for following reliefs:-
"10.1 That this Hon'ble Court may kindly be
pleased to call for the records pertaining to the
case of the petitioner from possession of the
respondent for its kind perusal..
10.2 That this Hon'ble Court may kindly be
pleased to direct the respondent authorities to
take legal action against the said responsible
persons in accordance with law and register the
FIR against them.
4. From perusal of reliefs sought, it is quite clear that the
petitioner wants that on the basis of complaint, FIR should be
registered against the responsible persons.
5. From perusal of relief sought, it is quite clear that the petitioner
through her complaint dated 16-3-2021 wants to register the
offence against the responsible persons, for which the
petitioner has remedy of filing a complaint before the
concerned Judicial Magistrate First Class under Section 200
of the Cr.P.C.
6. The Hon'ble Supreme Court in case of Sakiri Vasu Vs. State
of Uttar Pradesh & others1, has examined the issue holding
that the petitioner has remedy of filing of complaint before the
concerned Judicial Magistrate First Class under Section 200
of the Cr.P.C. The Supreme Court has again considered and
decided the issue in Sudhir Bhaskarrao Tambe v. Hemant
Yashwant Dhage and M. Subramaniam & another Vs. S.
Janaki & another2.
7. Considering the facts and materials on record and in the light
of the law laid down by Hon'ble the Supreme Court in the
above cited judgments, the present writ petition filed under
Article 226 of the Constitution of India, is disposed of with
liberty to the petitioner to file a complaint under Section 200 of
the Cr.P.C. before the court of Judicial Magistrate First Class
having jurisdiction over the place of offence and in-turn
Magistrate shall follow the procedure prescribed under the
provisions of the Cr.P.C.
8. It is made clear that this Court has not expressed any opinion
on merits of the case whether the complaint discloses any
criminal offence or not.
9. In view of the above, the instant writ petition is allowed with
liberty granted in favour of the petitioner to file complaint
under Section 200 of the Cr.P.C.
Sd/-
(Narendra Kumar Vyas)
Judge
Raju
1 (2008) 2 SCC 409
2 (2020) 16 SCC 728
