Chattisgarh High Court
Chhedilal Agrawal vs The State Of Chhattisgarh on 2 September, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 460 of 2018
1. Chhedilal Agrawal, S/o Late Ramgopal Agrawal, Aged About 68
Years, R/o 410 Guptagali, Main Road, Korba, Tahsil & District-
Korba (C.G.)
2. Ishwar Singh Rajput, S/o Late Pancham Singh Rajput, Aged About
48 Years, R/o Bajrang Gali, Agrasen Chowk, Korba, Tahsil &
District- Korba (C.G.)
---- Petitioners
Versus
1. The State of Chhattisgarh, through: the Secretary, Home
Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District-
Raipur (C.G.)
2. The Director General of Police, Chhattisgarh.
3. The District Magistrate/Collector, Korba, District- Korba (C.G.)
4. The Inspector General of Police, Bilaspur Range, Bilaspur (C.G.)
5. The Superintendent of Police, Korba, District- Korba (C.G.)
6. The Station House Officer, Police Station, Anusuchit Jati Kalyan,
Korba, District- Korba (C.G.)
7. Tularam Bhardwaj, S/o Terasram Bhardwaj, Presently posted and
working as Tahsildar, Korba, District- Korba (C.G.)
---- Respondents
For Petitioners : Mr. Rajat Agrawal, Advocate.
For State : Mr. Devendra Pratap Singh, Dy. A.G.
For respondent No. 7 : Mr. Sanjay Patel, Advocate.
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
02.09.2021
1. The petitioners have filed this writ petition under Article 226 of the
Constitution of India for following relief:-
10.1 That, this Hon'ble Court may be kind enough in
issuing a writ in the nature of mandamus, certiorari or
likewise any other appropriate writ, commanding and
directing the respondents to produce all the records
related with the case of the petitioner for just and
proper decision of this case.
10.2 That, this Hon'ble Court may be kind enough in
issuing a writ in the nature of mandamus, certiorari or
likewise any other appropriate writ, commanding and
directing any highly empowered investigating agency
to lodge FIR on the complaint of the petitioner and
submit a preliminary enquiry report before this Hon'ble
Court for just, proper and appropriate decision.
10.3 That, this Hon'ble Court may be kind enough in
issuing a writ in the nature of mandamus, certiorari or
likewise any other appropriate highly equipped
investigating agency, to enquire and investigate
Annexure P/3 lodged by the present petitioner.
10.4 That, this Hon'ble Court may be kind enough in
issuing a writ in the nature of mandamus, certiorari or
likewise any other appropriate writ, commanding and
directing to direct any independent agency to
investigate each and every offences, loss damage
and expenditure incurred by the petitioner in all these
litigations, which can be suitably awarded from the
personal pocket of the respondent No. 7.
10.5 That, this Hon'ble Court may be kind enough in
issuing a writ in the nature of mandamus, certiorari or
likewise any other appropriate writ, commanding and
directing to direct the respondent-State to make a
complete and full proved formula and proceedings
before the respondent No. 7 like officers, so that they
may not harass any person and any common citizen
shall not be abused by the power and position of any
officer.
10.6 That, this Hon'ble Court may be kind enough in
issuing a writ in the nature of mandamus, certiorari or
likewise any other appropriate writ, commanding and
directing the appropriate agency, to look into the
fairness and correctness of the FIR Annexure P/1 and
the same report may kindly be enquired before this
Hon'ble Court for just and proper decision.
10.7 That, this Hon'ble Court may be kind enough in
issuing a writ in the nature of mandamus, certiorari or
likewise any other appropriate writ, commanding and
directing the appropriate investigating agency to
investigate the conversation recorded by the
petitioner, to reveal the truthfulness of the allegations
of the petitioner.
10.8 Any other relief, which the Hon'ble Court deems fit
and proper looking to the facts and circumstances of
the case, may also be granted.
2. From perusal of reliefs sought, it is quite clear that the petitioners
want that on the basis of complaint, FIR should be registered
against respondent No. 7 - Tularam Bhardwaj.
3. 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
1 (2008) 2 SCC 409
Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage 2 and M.
Subramaniam & another Vs. S. Janaki & another3.
4. 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 or 156 (3) 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 follow the procedure
prescribed under the provisions of the Cr.P.C.
5. 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.
6. In view of the above, the instant writ petition is disposed of with the
aforesaid liberty granted in favour of the petitioners.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun
2 (2016) 6 SCC 277
3 (2020) 16 SCC 728
