Kajal Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 480 of 2019 • Ku. Kajal Singh D/o Vinod Singh Aged About 18 Years R/o Imalibhata, Mahasamund District Mahasamund Chhattisgarh ---- Petitioner

Versus

1. State of C.G. Through Its Secretary, Home Department, Mantralaya, Mahanandi Bhawan, Naya Raipur District Raipur Chhattisgarh

2. Superintendent of Police Mahasamund, District Mahasamund Chhattisgarh

3. In Charge Police Station Police Station Mahasamund, District Mahasamund Chhattisgarh

4. Uday Kiran S/o Unknown to petitioner R/o Special Task Force, Bhakhera, District Durg Chhattisgarh

5. Chatrapal Sinha S/o Unknown To Petitioner, R/o Mahasamund Police Line, Mahasamund, District Mahasamund Chhattisgarh

6. Sameer Dungdung S/o Unknown To The Petitioner Mahasamund Police Line, Mahasamund, District Mahasamund Chhattisgarh ---- Respondents For Petitioner :

Shri Siddharth Rathod, Advocate For Respondent/State :

Shri Anant Bajpai, P L Hon'ble Shri Justice Goutam Bhaduri Order On Board 12/03/2019

1. Heard.

2. The present petition is for registration of FIR.

3. Learned counsel for the petitioner would submit that the petitioner who was a minor at the time of incident had made a report to the police, however, the police instead of registration of the FIR has misbehaved with her and has further abused and assaulted her and despite the report was made, no FIR was registered, therefore, the respondent authorities may be directed to register the FIR.

4. Perused the Annexure P-1. The contents of the Annexure P-1 shows that the cognizable offence was 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 shall lodge the FIR and carry out the investigation as prima facie cognizable offence has been reported, therefore, the concerned police authority is directed to register the FIR taking into the nature of the complaint and investigate the same. It is further made clear that this Court has not expressed any opinion on the merits of the case.

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