Chattisgarh High Court
Chandrakumar Rajput vs State Of Chhattisgarh on 29 June, 2021
Page 1 of 4
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 466 of 2017
Chandrakumar Rajput, S/o Shri Salikram Rajput, Aged About 34 Years,
R/o Village Chakraway, Tahsil Navagarh, District- Bemetara (C.G.)
---- Petitioner
Versus
1. State of Chhattisgarh, through Secretary, Home Department,
Mahanadi Bhawan, Mantralaya, New Raipur, P. S. Rakhi,
District- Raipur (C.G.)
2. Superintendent of Police, Bemetara, District- Bemetara (C.G.)
3. Station House Officer, Police Station Nandghat, District-
Bemetara (C.G.)
4. Pradeep Chauhan, S/o Shri Ghanshyam Chouhan, Gram
Chakraway, Tahsil Nawagarh, District- Bemetara (C.G.)
5. Ramkrishna Dhruw, Posted as Principal, Primary School,
Chakraway, Tahsil Nawagarh, District- Bemetara (C.G.)
6. Narsingh Thakur, Patwari Halka No. 32, Gram Chakraway, Tahsil
Nawagarh, District- Bemetara (C.G.)
7. Mangal Singh Tondon, Posted as Principal, Middle School,
Chakraway, Gram Chakraway, Tahsil Nawagarh, District-
Bemetara (C.G.)
8. Ramprasad Chouhan, Posted as Kotwar Gram Chakraway,
Gram Chakraway, Tahsil Nawagarh, District- Bemetara (C.G.)
9. Umeshwari Dhritlahre, Posted as Employment Assistant, Janpad
Panchayat Nawagarh, Tahsil Nawagarh, District- Bemetara
(C.G.)
10. Usha Baghel, Posted as Upsarpanch, Gram Panchayat
Chakraway, Gram Chakraway, Tahsil Nawagarh, District-
Bemetara (C.G.)
11. Bhanu Baghel, Posted as Panch Gram Chakraway, Tahsil
Nawagarh, District- Bemetara (C.G.)
12. Annu, Posted as Panch, Gram Chakraway, Gram Chakraway,
Tahsil Nawagarh, District- Bemetara (C.G.)
13. Jageshwari Baghel, Posted as Panch Gram Chakraway, Gram
Chakraway, Tahsil Nawagarh, District- Bemetara (C.G.)
14. Ramgopal Maheshwari, R/o Gram Chakraway, Tahsil Nawagarh,
District- Bemetara (C.G.)
---- Respondents
For Petitioner : Mr. Prateek Sharma, Advocate.
For State : Mrs. Shubha Shrivastava, Panel Lawyer.
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
29.06.2021
1. The petitioner has filed this writ petition under Article 226 of the
Constitution of India for registration of FIR against respondent
No. 4 to 14 for committing offence under Sections 420, 468, 467,
471 & 34 of I.P.C.
2. The brief facts as projected by the petitioner are that election of
Gram Panchayat Khakravay was held in the month of
December, 2014, wherein respondent No. 4- Pradeep Kumar
Chauhan was elected as Sarpanch on the basis of affidavit and
declaration that he is member of Other Backward Class (OBC)
Category. He was selected in reserved category for OBC. The
petitioner is also belonged to OBC category and obtained
second position in the election. The petitioner filed election
petition bearing Case No. 63-A/89/2014-15 before Sub-
Divisional Officer, Bemetara, District- Bemetara and he was
declared as Sarpanch vide order dated 04.07.2015. Respondent
No. 4 executed forged document and contested election of
Sarpanch, therefore, the petitioner made a complaint against
respondent No. 4 for committing offence under Section 420, 468,
471 of I.P.C. and charge-sheet was filed and at present Criminal
Case No. 70/2016 is under trial before the Judicial Magistrate
First Class, Bemetara.
3. After passing of order dated 04.07.2015 by Sub-Divisional
Officer, Bemetara and after registration of crime, respondent No.
4 again filed application on 20.01.2016 before Tahsildar
Nawagarh for issuance of caste certificate declaring him
member belonging to OBC along with certificate dated
16.04.2015 issued by himself as Sarpanch Gram Panchayat
Chakravay and signed by himself and also put seal of Sarpanch,
whereas respondent No. 4 was already removed from the post
of Sarpanch on 04.07.2015. The said certificate was also signed
by respondent No. 5 to 14 namely, Ramkrishna Dhruw, Narsingh
Thakur, Mangal Singh Tandon, Ramprasad Chouhan,
Umeshwari Dhritlahre, Usha Baghel, Bhanu Baghel, Annu,
Jageshwari Baghel & Ramgopal Maheshari as witness, despite
knowing that respondent No. 4 is not member of OBC.
Respondent No. 4 to 14 have prepared forged document,
therefore, the petitioner made complaint before Police Station-
Nandghat on 31.08.2017, but no action has been taken,
therefore, the petitioner made another complaint before
Superintendent of Police, Bemetara, District- Bemetara on
01.09.2017, still no action has been taken against respondent
No. 4 to 14.
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. 4 to 14 for committing offence under
Sections 420, 468, 467, 471 & 34 of I.P.C.
5. 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.
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
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.
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
Arun
