Chattisgarh High Court
Shri Shri Shri Sidhpith Maa Tripur ... vs State Of Chhattisgarh on 25 June, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 685 of 2020
Shri Shri Shri Sidhpith Maa Tripur Sundari Marimai Mandir Sewa
Samiti, through its secretary Shri Nagappa Achari, S/o Shri Natesham
Achari, aged about 59 years, Address- New Loco Colony, Bilaspur
(C.G.)
---- Petitioner
Versus
1. State of Chhattisgarh, through District Collector, District- Bilaspur
(C.G.)
2. Inspector General of Police, Bilaspur Range, District- Bilaspur
(C.G.)
3. Superintendent of Police, District- Bilaspur (C.G.)
4. Station House Officer, Police Station- Sirgitti, District- Bilaspur
(C.G.)
5. Divisional Railway Manager, South Eastern Central Railway
Bilaspur (C.G.)
6. Hitesh Kumar Tiwari, R/o Loco Colony, Bilaspur (C.G.) Mo-
7049456789, 9770440627
---- Respondents
For Petitioner : Mr. Achyut Tiwari, 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
25.06.2021
1. The petitioner has filed this writ petition under Article 226 of the
Constitution of India for registration of FIR against respondent
No. 6 for committing offence under Sections 416, 417, 418, 419,
420, 460, 465, 467, 468, 469, 471 & 472 of I.P.C.
2. The brief facts as projected by the petitioner are that the
petitioner is registered society, who is managing Marimai Mandir
situated at New Loco Colony, Bilaspur (C.G.) since more than
100 years without any hindrance from anyone. Respondent No.
6, who himself fraudulently impersonates as Rashtriya Prabhari
of Akhil Bharat Hindu Mahasabha Yuva Morcha and on that
basis, started illegal collection of money from the residents of
New Loco Colony including the members of petitioner society.
Respondent No. 6 intimidated as well as beaten members of
petitioner society. He fraudulently uses the address of the
petitioner society for his own purpose. The petitioner has
submitted complaints on 15.04.2016, 06.02.2017 & 31.03.2020
before respondent No. 2 to 4, but no action has been taken
against respondent No. 6. As such, the petitioner has filed this
writ petition praying for registration of FIR against respondent
No. 6 for committing under Sections 416, 417, 418, 419, 420,
460, 465, 467, 468, 469, 471 & 472 of I.P.C.
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. 6- Hitesh Kumar Tiwari.
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.
before the court of Judicial Magistrate First Class having
jurisdiction over the place of offence and in-turn Magistrate will
1 (2008) 2 SCC 409
2 (2016) 6 SCC 277
3 (2020) 16 SCC 728
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
