Chattisgarh High Court
Jagdish Prasad Banjare vs State Of Chhattisgarh on 30 July, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 457 of 2021
Jagdish Prasad Banjare, S/o Hiraram Banjare, Aged About 40 Years,
R/o Village Birra, Tashil Bumnidih, Police Station- Birra, District-
Janjgir- Champa (C.G.)
---- Petitioner
Versus
1. State of Chhattisgarh, through Secretary, Department of Home,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur,
District- Raipur (C.G.)
2. Director General of Police Head Quarter Raipur, District- Raipur
(C.G.)
3. Inspector General of Police Division- Bilaspur Range (C.G.)
4. Superintendent of Police, Janjgir- Champa, District- Janjgir-
Champa (C.G.)
5. Dy. Superintendent of Police (AJK), Janjgir, District- Janjgir-
Champa (C.G.)
6. Station House Officer, Police Station- Birra, District- Janjgir-
Champa (C.G.)
7. Rohit Patel, S/o Kedarnath Patel, Aged About 43 Years (Posted
as Gram Panchayat Secretary), R/o Village- Dabhrakhurd, Post
Birra, Police Station- Birra, Tehsil- Bumnidih, District- Janjgir-
Champa (C.G.)
---- Respondents
For Petitioner : Mr. Chitendra Singh, Advocate.
For State/ Res. 1 to 6 : Mr. Rakesh Sahu, Govt. Advocate.
For Respondent No. 7 : Mr. Suresh Kumar Verma, Advocate.
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
30.07.2021
1. The petitioner has filed this writ petition under Article 226 of the
Constitution of India for registration of FIR against respondent
No. 7 on the basis of complaint made by the petitioner.
2. The brief facts as projected by the petitioner are that the
petitioner belongs to Scheduled Caste and elected Panch of
Ward No. 16. On 10.03.2021 at about 7:30 p.m. by order of
respondent No. 7, one Jitendra Kashyap & Chouhan came to the
petitioner to take consent by putting signature in meeting
information register for meeting, which was to be conducted on
12.03.2021. It was informed by one Kishan Kashyap on
12.03.2021 that word 'Chamra' has been written and marked
after name of the petitioner in the meeting information register
and the same was circulated in village as well to the petitioner by
whatsapp. On enquiry, it was found that the objectionable word
relating to caste of the petitioner, has been put by respondent
No. 7. In this regard, the petitioner made a complaint on
12.03.2021 before Station House Officer, Birra and on
09.04.2021 before Superintendent of Police, Janjgir-Champa to
register FIR against respondent No. 7, but no action has been
taken against him till date.
3. From perusal of reliefs sought, it is quite clear that the petitioner
wants that on the basis of complaints, FIR should be registered
against respondent No. 7- Rohit Patel.
4. 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 Dhage2 and M. Subramaniam & another Vs. S.
Janaki & another3.
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 Section 200 of the Cr.P.C.
1 (2008) 2 SCC 409
2 (2016) 6 SCC 277
3 (2020) 16 SCC 728
before the court of Judicial 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
Arun
