Bablu Kumar Banjare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 312 of 2018 Bablu Kumar Banjare S/o Shri Jawahar Lal Banjare Aged About 31 Years R/o Village Binouridih, Police Station Pachpedi, Tahsil Masturi District Bilaspur Chhattisgarh, --- Petitioner

Versus

1. State of Chhattisgarh through the Superintendent of Police, Bilaspur, District Bilaspur Chhattisgarh

2. Incharge Police Station Police Station Pachpedi, District Bilaspur Chhattisgarh,

3. Sati Soni D/o Ramsaptah Soni Aged About 30 Years R/o Mohalla Gram Dhurwakari, Police Station Pachpedi, Tahsil Masturi District Bilaspur Chhattisgarh --- Respondents 19.02.2018 Mr. Rajendra Kumar Patel, counsel for the Petitioner. Learned counsel for the petitioner submits that on application filed under Section 156(3) of the Code of Criminal Procedure, the enquiry was ordered by the Magistrate and subsequently by Annexure A-3 dated 27.1.2018 the FIR has been directed to be registered.

Learned counsel for the petitioner submits that the Police may be directed to conduct the enquiry.

I am unable to understand the prayer made in this petition as the Magistrate has already ordered to make enquiry, therefore, the Police would be free to make enquiry and if the offence is found to have been committed then the police may take cognizance of the offence. Therefore, the registration of FIR at this stage cannot be stopped as cognizable offence has been reported by the victim. In view of this, the petition appears to be premature. Accordingly it is dismissed.

Sd/- GOUTAM BHADURI JUDGE R a o