High Court Of ChhattisgarhWPCR/178/2015disposed off

Smt. Jaylaxmi Patel v. State Of Chhattisgarh

2015-09-18Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 178 of 2015 Smt. Jaylaxmi Patel W/o Suresh Patel Aged About 27 Years R/o Near To Sai Mandir Bade Koni, Bilaspur P. S. Koni Bilaspur Civil & Revenue District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through its Secretary Home Ministry, Mahandi Bhavan Mantralaya Naya Raipur Chhattisgarh

2. Inspector General Of Police, Bilaspur Range Bilaspur Chhattisgarh

3. Superintendent Of Police, District Bilaspur, Chhattisgarh

4. Police Station House In-charge, Koni, Bilaspur District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri Rajendra Kumar Suryavanshi, Advocate For Respondent/State :

Shri Manish Nigam, Panel Lawyer Order On Board 18/09/2015 Heard.

1. This petition has been filed by the petitioner seeking direction to respondent authority to conduct investigation in proper and legal manner, register FIR under Sections 147, 440 & 452 IPC and arrest the culprits.

2. Learned counsel for the State submits that this petition at this stage is premature. Upon report lodged by the petitioner on 16.7.2015, the police has promptly recorded offence under Sections 427, 294, 323/34 of the IPC and the investigation is at the nascent and beginning stage and whether offence under Sections 147, 440 & 452 IPC is made out or not would depend upon further progress of investigation. The petitioner has rushed to file this petition when the investigation has just started in the matter. He submits that depending upon the evidence collected during investigation, the police will definitely take steps in accordance with law and if any other offence is found committed, upon due application of mind, appropriate challan shall be filed in the Court.

3. In view of the above submission made by learned counsel for the State, at this stage,

this petition appears to be premature and, therefore, disposed off, however, reserving liberty to the petitioner to take proper recourse in case his grievance is not redressed. Sd/- (Manindra Mohan Shrivastava) Judge Praveen