Anoop Waswani vs State Of Chhattisgarh
2021 Latest Caselaw 2520 Chatt

                                 1
                                                         WA No. 295 of 2021


                                                                  NAFR

    HIGH COURT OF CHHATTISGARH, BILASPUR

                     WA No. 295 of 2021

[Arising out of order dated 08.9.2021 passed by the learned Single
                  Judge in WPCR No.295 of 2015]

  Anoop Waswani S/o Late Amar Waswani Aged About 35
   Years R/o Inside Bhakta Kanwar Ram Gate, Sindhi Colony,
   Jarhabhata, Bilaspur, Police Station Civil Lines, Bilaspur,
   Tahsil And District Bilaspur Chhattistgarh. Mo. No.
   7869903125

                                                         ---- Appellant

                            Versus

1. State Of Chhattisgarh Through The Secretary, Department
   Of Home, Mantralaya Bhawan, New Raipur Chhattisgarh.

2. Superintendent Of Police District Bilaspur Chhattisgarh.

3. The Station House Officer Police Station Civil Lines,
   Bilaspur Chhattisgarh.

4. Shri Q.A. Khan         Sub    Divisional       Magistrate,   Bilaspur
   Chhattisgarh.

5. Shri Narendra       Banjara       Additional    Tahsildar,   Bilaspur
   Chhattisgarh.

6. Smt. Sandhya Namdev Patwari, Patwari Halka No. 21, R.I.
   Circle Bilaspur, Tahsil Bilaspur, District Bilaspur
   Chhattisgarh.

7. Ratnesh Jaiswal, aged about 45 years S/o Late Ramesh
   Kumar Jaiswal R/o A -32, Vasundhra Nagar, Ring Road No.
   2, Bilaspur, District Bilaspur Chhattisgarh.

                                                     ---- Respondents

WA No. 295 of 2021

For Appellant :- Mr. Ratnesh Kumar Agrawal, Adv For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.

Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Hon'ble Smt. Rajani Dubey, J Judgment On Board

By

Prashant Kumar Mishra, Ag.CJ

23/09/2021

1. In the writ petition preferred before the learned Single

Judge, appellant (henceforth 'the petitioner') sought for a

direction to the Station House Officer (SHO), P.S. Civil

Lines, Bilaspur to register FIR against the private

respondents; fix the liability of the erring officers responsible

for the illegal and inhuman act of demolishing the shop of

the petitioner as also to grant suitable compensation to the

petitioner.

2. Referring to the law laid down by the Hon'ble Supreme

Court in the matters of Sakiri Vasu Vs. State of Uttar

Pradesh & Others {(2008) 2 SCC 409}, Sudhir

Bhaskarrao Tambe Vs Hemant Yashwant Dhage &

Others {(2016) 6 SCC 277} and M. Subramaniam &

Another Vs S. Janaki & Another {(2020) 16 SCC 728},

learned Single Judge has disposed of the writ petition with

liberty to the petitioner to file complaint under Section 200 or

WA No. 295 of 2021

156 (3) of the Cr.P.C. before the jurisdiction of Judicial

Magistrate First Class.

3. Having heard learned counsel for the petitioner for

sometime, we are of the considered view that in view of the

settled legal position, the learned Single Judge has rightly

relegated the petitioner to avail remedy under the Cr.P.C.

4. There is no substance in this writ appeal, therefore, it is

disposed of, however, depending upon the outcome of the

criminal complaint or application under Section 200 or 156

(3) of the Cr.P.C., the petitioner would be at liberty to avail

other reliefs claimed under paragraphs 10.2 and 10.3 of the

writ petition.

                 Sd/-                                    Sd/-
         (Prashant Kumar Mishra)                     (Rajani Dubey)
            Acting Chief Justice                        Judge




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