High Court Of ChhattisgarhWPCR/35/2019dismissed

Ishwar Kumar Sahu v. State Of Chhattisgarh

2019-01-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 35 of 2019 • Ishwar Kumar Sahu S/o Shri F.R. Sahu Aged About 48 Years R/o 75/3, A, Ward No. 63, Maitrinagar, Risali Bhilai, Police Station- Newai, Tahsil And DistrictDurg, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department Of Home Affairs (Police), New Raipur, Mantralaya, New Raipur, Civil And Revenue District- Raipur, Chhattisgarh

2. Director General Of Police Raipur, District- Raipur, Chhattisgarh

3. Inspector General Of Police Range- Durg, District- Durg, Chhattisgarh

4. Superintendent Of Police Durg, Civil And Revenue District- Durg, Chhattisgarh

5. District Magistrate Durg, Civil And Revenue District- Durg, Chhattisgarh

6. Station House Officer Police Station- Newai, District- Durg, Chhattisgarh

7. Mahendra Roy S/o Munshilal Roy Aged About 49 Years, R/o Ward No.61, R/o Ganesh Chowk, Marouda Tank Bhilai, Police Station- Newai, Tahsil And DistrictDurg, Chhattisgarh

8. Prema Devi W/o Mahendra Roy Aged About 45 Years R/o Ganesh Chowk, Marouda Tank Bhilai, Police Station- Newai, Tahsil And District- Durg, Chhattisgarh ---- Respondents For Petitioner :

Shri Punit Ruparel, Advocate For Respondent/State :

Shri R.K. Bhagat, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/01/2019

1. Heard.

2. As per the case of the petitioner, the petitioner had taken a house loan from

Grih Finance Ltd. Durg, which fell over due and the over due amount was paid by respondent No.7 and he had taken all the documents of immovable property with him. It is contended by learned counsel for the petitioner that the property was of worth Rs.50 Lakhs, however, respondent No.7 sold the same for less sale consideration and a sale deed was executed in favour of Prema Devi on the basis of the power of attorney.

3. Prima faice, it appears that the transaction inter se in between the parties is civil in nature, therefore, this Court is not inclined to give a direction to register the FIR. Accordingly, the petition is dismissed. The petitioner may seek remedy as available to him under the law.

Sd/- Goutam Bhaduri Judge Ashu