Chattisgarh High Court
Priyanshi Singh vs State Of Chhattisgarh on 20 September, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 279 of 2018
Priyanshi Singh D/o Shri Rajesh Singh, Aged About 20 Years R/o
In House Of J.L. Naik Aghariyapara, Purana Basti, Jhanda
Chowk, Jharsugda District Jharsugda (Odisha) At Present
Resides At House Of Gupta Ji Girls Hostel Koni, P.S. Koni, Tahsil
And District Bilaspur Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Home Department Mahanadi
Bhawan, Naya Raipur Mantralaya District Raipur Chhattisgarh.
2. The Director General Of Police Police Head Quarter, Naya
Raipur, District Raipur Chhattisgarh.
3. The Inspector General Of Police Bilaspur Range, District
Bilaspur Chhattisgarh.
4. The Superintendent Of Police Bilaspur, District Bilaspur
Chhattisgarh.
5. The Station House Officer, Police Station Koni Bilaspur, District
Bilaspur Chhattisgarh.
Amit Singh @ Amit Kumar Singh, S/o Shri Surendra Kumar
Singh Aged About 32 Years Village Jitwarpur- Mahesiya Post
Sutihar, P.S. Dernibihar, District Chapra (Now Sharan) (Bihar) At
Present Resided At In Front Of House Of Munna, Budha Colony,
Kasaigoda Sambalpur District Sambalpur (Odisha).
---- Respondents
For Petitioner : Mr. J.N. Nande, Advocate.
For State/Res. No. 1 to 4: Mr. Rakesh Sahu, Dy. Govt. Advocate.
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 seeking direction to respondents authorities
to register FIR on basis of complaint made by the petitioner on
31.01.2017.
2. The brief facts as projected by the petitioner is that she has
made complaint on 31.01.2017 before the Superintendent of
Police, Bilaspur against the threats given by respondent No. 6
wherein she has stated that he has given threatening her to kill
and defame her, but no action has been taken. Whereas, on
complaint made by his father FIR has been registered against
respondent No. 6 under Sections 506, 354(D), 507(B) IPC and
Section 67-A of the I.T. Act. Thereafter, final report has also been
submitted before the concerning Magistrate and investigation is
pending against respondent No. 6.
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. 6 -Amit Singh.
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
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
1 (2008) 2 SCC 409
2 (2016) 6 SCC 277
3 (2020) 16 SCC 728
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
