Sonal Tiwari v. Debashish Banafar

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 117 of 2019 • Sonal Tiwari S/o Late Shri Ram Pratap Tiwari Aged About 50 Years R/o C-37 Parijati Extension Bilaspur, Police Station Civil Lines Bilaspur, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. Debashish Banafar Earlier Manager At Axis Bank Bilaspur A S C Branch Bilaspur, District Bilaspur Chhattisgarh

2. The State of Chhattisgarh through the Station House Officer P.S. Tarbahar Bilaspur Distt. Bilaspur (C.G.) ---- Respondents For Petitioner :

Ms. Shivali Dubey, Advocate For Respondent/State :

Shri V.A. Goverdhan, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/01/2019

1. Heard.

2. The present petition is for registration of FIR on the ground that the petitioner's wife signature were forged though they have not obtained insurance coverage but it was given on the basis of the forged signature and when the complaint was made out of Rs.1,32,670.378/- certain amount was returned by accepting the fault, however, still some amount is to be repaid.

3. Learned counsel for the petitioner submits that primarily the allegations are about the forgery, however, when the report was made to the concerned police,

the police officer has not accepted the FIR. She further submits that an application under Section 156 (3) Cr.P.C. is also filed which is pending.

4. Perusal of the report dated 04.04.2017 would reveal that the report was made to the police wherein the complaint was made that on the basis of the forged signature life insurance coverage was given though the petitioner has not obtained for the same. When the objection was made certain amount was returned. Perusal of the report dated 04.04.2017 shows that the cognizable offence has been reported. Therefore, in view of the law laid down in the matter of Lalita Kumari Vs. Government of Uttar Pradesh and others {(2014) 2 SCC 1} the concerned police is expected to lodge the FIR and carry out the investigation, therefore, the concerned police authority is directed to register the FIR taking into the nature of the complaint and investigate the same.

5. With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu