Chattisgarh High Court
Dhaneshwari Kaushik vs State Of Chhattisgarh on 20 September, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 283 of 2020
1. Dhaneshwari Kaushik W/o Shri Minesh Kaushik Aged About 35
Years R/o- House No. 455, Youthsangpara, Bhaisma, Korba,
Chhattisgarh
2. Rekha Vaishnav D/o Jagdish Vaishnav Aged About 36 Years R/o
Katghora, Melagaon, Korba, Chhattisgarh
3. Chandrakala Vaishnav W/o Manmohan Vaishnav Aged About 37
Years R/o Katghora, Melagaon, Korba, Chhattisgarh
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Station House Officer, Police
Station Kotwali, District Korba, Chhattisgarh
2. Rajendra Kumar Kashyap Son Of Sitaram Kashyap R/o
Rampara, Ward No. 03, Near Panchayat Bhawan, Village
Sandel, P.S. Urga, Post Office Saraggundiya, District Korba
(Chhattisgarh)
---- Respondents
For Petitioners : Ms. Akshara Amit, Advocate.
For State : Mr. Vinod Tekam, Panel Lawyer
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
20.09.2021
1. The petitioner has filed this writ petition under Article 226 of the
Constitution of India would seek direction of this Court to
respondent authorities to register FIR against respondent No. 2.
2. Learned counsel for the petitioners would submit that respondent
No. 2 has fraudulently taken money from the petitioner,
therefore, he has filed present writ petition (criminal) with
following reliefs:-
"10.1 The Hon'ble Court may kindly be pleased to direct
the respondent police authorities to lodge FIR
against the private respondent Rajendra Kumar
Kashyap for the offences punishable under Section
120B, 420, 467, 468 r/w Section 34 IPC.
10.2 The Hon'ble Court may kindly be pleased to direct the
private respondent Rajendra Kumar Kashyap to
return them Rs. 6 lakhs which was taken by him in
advance from all the petitioners.
10.3 The Hon'ble Court may kindly be pleased to impose
the cost of instant petition upon the private
respondent;
10.4 The Hon'ble Court may kindly be pleased to grant
any other relief which this Court thinks fit and proper
in favour of the petitioners, in the interest of justice
and equity."
3. From bare perusal of reliefs sought, it is quite clear that the
petitioner wants that on the basis of complaint, FIR be registered
against respondent No. 2.
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.or
Section 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
