Chattisgarh High Court
Bhunesh Chandrakar vs State Of Chhattisgarh on 4 August, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 483 of 2021
Bhunesh Chandrakar S/o Shri Krishna Kumar Chandrakar Aged
About 27 Years R/o Village Bundeli, Thana City Kotwali Mungeli,
Tahsil And District Mungeli Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary Home Department
, Mantralaya Mahanadi Bhawan, Capital Complex New Raipur ,
District Raipur Chhattisgarh.
2. Inspector General Of Police Bilaspur Division Bilaspur , District
Bilaspur Chhattisgarh.
3. Superintendent Of Police Mungeli, District Mungeli Chhattisgarh.
4. Station House Officer Police Station City Kotwali Mungeli ,
District Mungeli Chhattisgarh.
5. Sanjay Yadav Constable Police Station City Kotwali Mungeli ,
District Mungeli Chhattisgarh.
6. Giriraj Parihar Constable Police Station City Kotwali Mungeli ,
District Mungeli Chhattisgarh.
7. Dayal Gawaskar Constable Police Station City Kotwali Mungeli ,
District Mungeli Chhattisgarh.
8. Atul Singh Constable Police Station City Kotwali Mungeli ,
District Mungeli Chhattisgarh.
---- Respondents
For Petitioner : Mr. Sunil Sahu, Advocate.
For State : Mr. Rakesh Sahu,Dy.G.A.
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
04.08.2021
1. The petitioner has filed this writ petition under Article 226 of the
Constitution of India for direction to respondents No.2 to 4 to
register FIR against respondents No.5 to 8 for the offence of
House trespass, outraging the modesty of women of the family
and loot on 24.04.2021.
2. The brief facts as projected by the petitioner are that the
petitioner has filed the written report before respondent No.3
against respondents No.5 to 8 for the offence of house trespass,
outraging the modesty of women of the family and loot also,
beating him and his family members badly and also threatened
them to implicate in a criminal case if petitioner's family could not
fulfill their illegal demand of Rs.50,000/-.
3. On the above factual matrix the complainant has prays for
following relief(s):-
10.1 That, this Hon'ble Court may kindly be pleased to issue an
appropriate writ by directing the respondent No.2 to 4 to register
the FIR in the matter against the respondent No.4 to 8 on the
basis of report and statement.
10.2 Any other relief which this Hon'ble Court may deem fit and proper
may also be passed in favour of the petitioner.
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 respondent No.5 to 8.
5. The Hon'ble Supreme Court in case of Sakiri Vasu Vs. State of
Uttar Pradesh & others 1, 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 2 and M. Subramaniam & another Vs. S.
Janaki & another 3.
6. Considering the facts and materials on record and in light of the
law laid down by Hon'ble the Supreme Court in the above
referred judgments, the present writ petition filed under Article
226 of the Constitution of India, is disposed of with liberty to the
petitioner to file complaint under Section 200 of the Cr.P.C.
before the court of Judicial Magistrate First Class having
1 (2008) 2 SCC 409
2 (2016) 6 SCC 277
3 (2020) 16 SCC 728
jurisdiction over the place of offence and in-turn Magistrate will
follow the procedure prescribed under the provisions of the
Cr.P.C.
7. 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.
8. In view of the above, the instant writ petition is disposed of with
the aforesaid liberty granted in favour of the petitioner.
Sd/-
(Narendra Kumar Vyas)
Judge
parul
