Sita @ Sheetal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPURWPCR No. 553 of 2021 Sita @ Sheetal Singh D/o Shri Late Sher Singh Aged About 32 YearsR/o Bhartiya Nagar, Near Income Tax Building, Bilaspur DistrictBilaspur Chhattisgarh R/o Bhartiya Nagar, Near Income Tax Building, Bilaspur DistrictBilaspur Chhattisgarh ---- Petitioner Versus 1. State Of Chhattisgarh Through its Secretary, Department Of Home,Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur DistrictRaipur Chhattisgarh Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur DistrictRaipur Chhattisgarh 2. Inspector General Of Police Bilaspur District Bilaspur Chhattisgarh 3. Collector Bilaspur District Bilaspur Chhattisgarh 4. Superintendent Of Police Bilaspur District Bilaspur Chhattisgarh 5. City Superintendent Of Police Civil Line, Bilaspur District BilaspurChhattisgarh 5. City Superintendent Of Police Civil Line, Bilaspur District BilaspurChhattisgarh 6. The Station House Officer Mahila Thana, Bilaspur District BilaspurChhattisgarh Chhattisgarh 7. The Station House Officer Police Station Civil Line, Bilaspur DistrictBilaspur Chhattisgarh Bilaspur Chhattisgarh 8. Smt. Premlata Mahilange W/o Shri Bhuneshwar Mahilange AgedAbout 40 Years R/o Gurunanak Ward, Bhatapara, District BalodaBazar Chhattisgarh About 40 Years R/o Gurunanak Ward, Bhatapara, District BalodaBazar Chhattisgarh 9. Bhuneshwar Mahilange R/o Gurunanak Ward, Bhatapara, DistrictBaloda Bazar ChhattisgarhBaloda Bazar Chhattisgarh 10.Smt. Santoshi Kurre W/o Jitendra Kurre Aged About 35 YearsR/o Chuchuhiyapara, Ganesh Nagar, Bilaspur District BilaspurChhattisgarh ---- Respondents For Petitioner: Mr. K. P. S. Gandhi, Advocate.For State/Res. No. 1 to 4: Mr. D. P. Singh, Dy. A. G. Hon'ble Shri Justice Narendra Kumar VyasOrder On Board 27.08.2021 1.The petitioner has filed this writ petition under Article 226 of theConstitution of India for registration of FIR against respondentsNo.8 to 10.Constitution of India for registration of FIR against respondentsNo.8 to 10. 2. The brief facts as projected by the petitioner are that thepetitioner' father who was working in the South East CentralRailway, Bilaspur expired on 10.06.2017. Petitioner's fatherdeposited Rs.4,50,000/- in the current bank account and inanother bank account Rs.30,00,000/- has been deposited. Afterdeath of his father, respondents No.8 and 10 have withdrawnRs.34,50,000/- from the bank account fraudulently and noamount has been given to the petitioner and sister of petitioner.petitioner' father who was working in the South East CentralRailway, Bilaspur expired on 10.06.2017. Petitioner's fatherdeposited Rs.4,50,000/- in the current bank account and inanother bank account Rs.30,00,000/- has been deposited. Afterdeath of his father, respondents No.8 and 10 have withdrawnRs.34,50,000/- from the bank account fraudulently and noamount has been given to the petitioner and sister of petitioner. Page 2 of 3 Thereafter, the petitioner has lodged a complaint before thePolice Station Civil Line, Bilaspur on 06.01.2021, but no actionhas been taken against them. 3.On the above factual matrix the complainant has prays forfollowing relief(s):-following relief(s):- (I) That, this Hon'ble Court may kindly be pleased to issue anappropriate writ by directing the respondents No.1 to 7 totake necessary steps upon complaint of the petitioneragainst respondents No.8 to 10 according to the law laiddown by Hon'ble Court in the case of Lalita Kumar Vs.State of U.P., in the interest of justice.appropriate writ by directing the respondents No.1 to 7 totake necessary steps upon complaint of the petitioneragainst respondents No.8 to 10 according to the law laiddown by Hon'ble Court in the case of Lalita Kumar Vs.State of U.P., in the interest of justice. 3.On the above factual matrix the complainant has prays forfollowing relief(s):-following relief(s):- (I) That, this Hon'ble Court may kindly be pleased to issue anappropriate writ by directing the respondents No.1 to 7 totake necessary steps upon complaint of the petitioneragainst respondents No.8 to 10 according to the law laiddown by Hon'ble Court in the case of Lalita Kumar Vs.State of U.P., in the interest of justice.appropriate writ by directing the respondents No.1 to 7 totake necessary steps upon complaint of the petitioneragainst respondents No.8 to 10 according to the law laiddown by Hon'ble Court in the case of Lalita Kumar Vs.State of U.P., in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct thepolice authorities to register the case committed underSection 420 of the I.P.C. against the respondents No. 8 to10 within stipulated time, in the interest of justice.police authorities to register the case committed underSection 420 of the I.P.C. against the respondents No. 8 to10 within stipulated time, in the interest of justice. (iii) Any other relief which may be suitable in the facts andcircumstances of the case may also be granted. circumstances of the case may also be granted. 4.From perusal of reliefs sought, it is quite clear that the petitionerwants that on the basis of complaint, FIR should be registeredagainst respondents No. 8 to 10. wants that on the basis of complaint, FIR should be registeredagainst respondents No. 8 to 10. 5.The Hon'ble Supreme Court in case of Sakiri Vasu Vs. State ofUttar Pradesh & others[1], has examined the issue holding thatthe petitioner has remedy of filing of complaint before theconcerned Judicial Magistrate First Class under Section 200 ofthe Cr.P.C. The Supreme Court has again considered anddecided the issue in Sudhir Bhaskarrao Tambe v. HemantYashwant Dhage[2] and M. Subramaniam & another Vs. S.Janaki & another[3]. Uttar Pradesh & others[1], has examined the issue holding thatthe petitioner has remedy of filing of complaint before theconcerned Judicial Magistrate First Class under Section 200 ofthe Cr.P.C. The Supreme Court has again considered anddecided the issue in Sudhir Bhaskarrao Tambe v. HemantYashwant Dhage[2] and M. Subramaniam & another Vs. S.Janaki & another[3]. 6.Considering the facts and materials on record and in light of thelaw laid down by Hon'ble the Supreme Court in the abovelaw laid down by Hon'ble the Supreme Court in the above 1(2008) 2 SCC 409 2(2016) 6 SCC 277 3(2020) 16 SCC 728 Page 3 of 3 referred judgments, the present writ petition filed under Article226 of the Constitution of India, is disposed of with liberty to thepetitioner to file complaint under Sections 156(3) or 200 of theCr.P.C. before the court of Judicial Magistrate First Class havingjurisdiction over the place of offence and in-turn Magistrate willfollow the procedure prescribed under the provisions of theCr.P.C. 7.It is made clear that this Court has not expressed any opinion onmerits of the case whether the complaint discloses any criminaloffence or not. 8.In view of the above, the instant writ petition is disposed of withthe aforesaid liberty granted in favour of the petitioner. Sd/--(Narendra Kumar Vyas)Judge