Chattisgarh High Court
Satyendra Jaiswal vs State Of Chhattisgarh on 24 August, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 536 of 2021
Satyendra Jaiswal S/o Late Shri Devi Prasad Jaiswal, Aged
About 48 Years R/o Sadar Road, Opposite Purana Thana,
Takhatpur, District Bilaspur Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Secretary, Department Of
Home Mantralaya, Mahanadi Bhavan, Naya Raipur, Raipur
Chhattisgarh.
2. Inspector General Of Police, Bilaspur, District Bilaspur
Chhattisgarh.
3. Superintendent Of Police, Bilaspur, District Bilaspur
Chhattisgarh.
4. The Station House Officer, Police Station Takhatpur, District
Bilaspur Chhattisgarh.
5. Janak Tamrakar S/o Late Shri Manohar Lal Tamrakar, R/o
Takhatpur, Ward No. 07, District Bilaspur Chhattisgarh.
---- Respondents
For Petitioner : Mr. K.P.S. Gandhi, Advocate.
For State/Res. No. 1 to 4 : Mr. Devendra Pratap Singh,
Dy. Advocate General.
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
24.08.2021
1. The petitioner has filed this writ petition under Article 226 of the
Constitution of India for registration of FIR against respondent
No. 5 for committing offence of cheating and theft.
2. The brief facts as projected by the petitioner are that the
petitioner is a follower of Shri Ram Janki Mandir. The temple is
managed and controlled by the Shri Ram Janki Baba Mandir
Trust which is a public trust bearing registration No. A-16. He
has filed present petition on the count that respondent No. 5 is
misusing the seal of the trust. He has made complaint against
respondent No. 5 before Thana-Incharge, Police Station -
Takhatpur on 13.07.2021, thereafter before the Superintendent
of Police, Bilaspur on 19.07.2021 but no action has been taken
by them. Therefore, he has filed present petition with following
reliefs:
"(i) That, this Hon'ble Court may kindly be pleased to issue an
appropriate writ by directing the respondents No. 1 to 4 to
take necessary steps upon complaint of the petitioner
against respondent No. 5 according to the law laid down
by Hon'ble Court in the case of Lalita Kumari vs. State of
U.P., in the interest of justice.
(ii) That, this Hon'ble Court may kindly be pleased to direct
the police authorities to register the case committed under
Section 420, 467, 468, 471 of the IPC against the
respondent No. 5 within stipulated time, in the interest of
justice."
3. 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- Janak Tamrakar.
4. 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.
5. 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 Sections 200 of the Cr.P.C. as
well as 156(3) of the Cr.P.C. before the court of Judicial
1 (2008) 2 SCC 409
2 (2016) 6 SCC 277
3 (2020) 16 SCC 728
Magistrate First Class having jurisdiction over the place of
offence and in-turn Magistrate will follow the procedure
prescribed under the provisions of the Cr.P.C.
6. 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.
7. 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
Deshmukh
