Chattisgarh High Court
Janak Ram Sahu vs State Of Chhattisgarh on 9 August, 2021
Page 1 of 4
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 296 of 2020
• Janak Ram Sahu S/o Late Shri Bisauha Ram Sahu Aged About 58
Years Caste- Teli, R/o Sanjay Nagar, Fingeshwar, Via- Rajim, Post
And Police Station- Fingeshwar, District- Gariyaband,
Chhattisgarh., District : Gariyabandh, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Home Department
Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh.,
District : Raipur, Chhattisgarh
2. Superintendent of Police Gariyaband, District- Gariyaband,
Chhattisgarh.,
3. Station House Officer Police Station Fingeshwar, District-
Gariyaband, Chhattisgarh.,
4. Sandeep Sahu S/o Janak Ram Sahu Aged About 33 Years Caste-
Teli, R/o Shivaji Chowk, Fingeshwar, Via- Rajim, Post And Police
Station- Fingeshwar, District- Gariyaband, Chhattisgarh.,
5. Sonal Yadav S/o Late Shri Arun Yadav Aged About 39 Years R/o
Vinayak Nagar, Fingeshwar, Via- Rajim, Post And Police Station-
Fingeshwar, District- Gariyaband, Chhattisgarh.,
6. Dinesh Kamdi S/o Late Shri Poonam Kamdi Aged About 35 Years
R/o Indane Gas Agency, Fingeshwar, Via- Rajim, Post And Police
Station- Fingeshwar, District- Gariyaband, Chhattisgarh.
Chhattisgarh.,
7. Dheeraj Choube S/o Pramod Sharma Aged About 36 Years R/o
Village- Bidora, Block And Post Fingeshwar, Via- Rajim, Post And
Police Station- Fingeshwar, District- Gariyaband, Chhattisgarh.,
8. Tanu C/o Sandeep Sahu Aged About 34 Years R/o Shivaji Chowk,
Fingeshwar, Via- Rajim, Post And Police Station- Fingeshwar,
District- Gariyaband, Chhattisgarh.,
9. Bhanu C/o Sandeep Sahu Aged About 27 Years R/o Shivaji
Chowk, Fingeshwar, Via- Rajim, Post And Police Station-
Fingeshwar, District- Gariyaband, Chhattisgarh.,
---- Respondents
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For Petitioner : Mr. S.B. Pandey, Advocate.
For State : Mr. Aditya Tiwari, Panel Lawyer
Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
09-08-2021
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 3 for not registering the FIR against the respondents
No. 4 to 9.
2. The brief facts, as projected by the petitioner, are that the
petitioner is working as an Upper Division Teacher in
Government Middle School, Chaitra, Block Fingeshwar,
District Gariyaband. He has three children including
respondent No.4 herein and two daughters. Respondent No.4
studied only upto 10th standard and he used to damage the
house hold articles and is also harassing his family members.
Respondent No.4 without intimation to his family members
went to out of station and thereafter he came back with two
girls, who are respondents No. 8 & 9 to his parents house at
Fingeshwar. When the petitioner objected to the act of
respondent No.4, respondent No.4 along with his friends
started quarreling to the petitioner and family members. The
petitioner purchased the land which is situated at Shivaji
Chowk, Fingeshwar, thereafter he constructed the shop upon
the said land and the petitioner is paying the property to tax to
Nagar Panchayat Fingeshwar. The petitioner has given the
said shop to other persons on rent. Respondent No.4 reached
to the shop and broke the lock of the shop and illegally
possessed the said shop with forcefully. Respondent No.4
now tried to endorse his name in the official record with
illegally and forcefully. The petitioner purchased the CC
camera on 7-10-2019 in the name of her daughter Jagriti
Sahu and arranged CC camera in that shop. Respondent
No.4 with the direction of respondents No. 5 to 7
unauthorizedly entered the shop after breaking the door and
threatened to kill his father and daughter. Being aggrieved by
the act of respondent No.4 to 9, petitioner and his daughter
Jagriti Sahu made complaints before the police authorities on
12-10-2019, 27-1-2020 and 3-3-2020 to register the FIR
against respondents No. 4 to 9, but no action has been taken
by the police authorities to register the FIR against them.
3. The petitioner has filed the present writ petition(Cr) before this
Court and prayed for following reliefs:-
"10.1 That it is, therefore, humbly prayed that this
Honorable Court may kindly be pleased to call for
the entire record pertaining to the case of the
petitioner for kind perusal of this Honorable
Court..
10.2 That this Hon'ble Court may kindly be pleased to
issue a writ/writs, direction/directions,
order/orders to the respondent authorities to
lodge FIR against respondents No. 4 to 9.
10.3 That, this Honorable Court may kindly be pleased
to direct respondents No. 4, 8 and 9 to
dispossess from the property of the petitioner.
10.4 That, this Honorable Court may kindly be pleased
to grant any other relief(s) which is deemed fit
and proper in the aforesaid facts and
circumstances of the case".
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 respondents No. 4 to 9.
5. From perusal of relief sought, it is quite clear that the petitioner
through his complaints dated 2-10-2019, 27-1-2020 and 3-3-
2020 wants to register the offence against them respondents
No. 4 to 9 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
1 (2008) 2 SCC 409
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
2 (2020) 16 SCC 728
