Sangeeta Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 136 of 2019 • Sangeeta Yadav W/o Kamlesh Yadav Aged About 20 Years R/o Village - Mundakona, Post And Police Chowki - Pandrapat, District Jashpur Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Home (Police) Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh

2. The Inspector General Of Police Ambikapur, District Surguja Chhattisgarh

3. The Superintendent Of Police Jashpur, District Jashpur Chhattisgarh

4. The Station House Officer Police Station, Bagicha, District Jashpur Chhattisgarh ---- Respondents For Petitioner :

Shri J.K. Saxena, Advocate For Respondents/State :

Shri Anant Bajpai, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/03/2019

1. Heard.

2. The present petition is for registration of the FIR by the victim. It is stated that the victim was subjected to forceful rape and confinement by Suresh Yadav and Sant Kumar Korwa, however, despite the report made, no FIR was registered.

3. Learned counsel for the petitioner submits that the report though was made but the police has disowned the same on the ground that no cognizable offence is made out.

4. Perused the report Annexure P-3 which is made by the victim. After reading the report it appears that the cognizable offence was reported, therefore, as per the law laid down in the matter of Lalita Kumari Vs. Government of Uttar Pradesh and others {(2014) 2 SCC 1}, the police is obliged to register the FIR and the Police is directed to lodge the FIR. It is further made clear that this Court has not passed any opinion on the merits of the case.

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