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High Court Of ChhattisgarhWPCR/231/2020disposed off

Smt. Kalawati v. State Of Chhattisgarh

2020-06-01Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No.231 of 2020 Smt.Kalawati, W/o. Ramadhar, aged about 30 years, R/o Ward No.5, Dharamnagrim Police Station Podi, Baikunthpur, District Koriya (CG) ---Petitioner

Versus

1. State of Chhattisgarh Through the Secretary, Department of Home Affairs (Police), New Raipur, Mantralaya, New Raipur, Civil and Revenue District Raipur (CG)

2. Director General of Police, Raipur, District Raipur (CG)

3. Inspector General of Police, Koriya Range Koriya, District Koriya (CG)

4. Superintendent of Police, Koriya, Civil & Revenue District Koriya (CG)

5. District Magistrate, Koriya, Civil & Revenue District Koriya (CG)

6. Station House Officer, Police Station AJAK, District Koriya (CG)

7. Durga Kuldeep, D/o Late Mathura Prasad, aged about 34 years, R/o MIG Colony, Keradol Police, District Koriya (CG) ---Respondents And Writ Petition (Cr.) No.232 of 2020 Smt.Kalawati, W/o. Ramadhar, aged about 30 years, Caste Gond, R/o Ward No.5, Dharamnagari, Police Station Podi, Baikunthpur, District Koriya (CG) ---Petitioner

Versus

1. State of Chhattisgarh Through the Secretary, Department of Home Affairs (Police), New Raipur,

Mantralaya, New Raipur, Civil and Revenue District Raipur (CG)

2. Director General of Police, Raipur, District Raipur (CG)

3. Inspector General of Police, Range Surguja, District Surguja (CG)

4. Superintendent of Police, Baikunthpur (Koriya), Civil & Revenue District Koriya (CG)

5. District Magistrate, Koriya, Civil & Revenue District Koriya (CG)

6. Station House Officer, Police Station AJAK, District Koriya (CG)

7. Durga Kuldeep, D/o Late Mathura Prasad, aged about 34 years, R/o MIG Colony, Keradol Police, District Koriya (CG) ---Respondents For Petitioner :

Mr.Punit Ruparel, Advocate For Res.No.1 to 6/State :

Mr.H.S.Ahluwalia, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 1/6/2020

1. Mr.Punit Ruparel, learned counsel for the petitioner, would submit that private respondent has withdrawn an amount of ₹ 2,00,000/- and only ₹ 50,000/- has given to the petitioner and rest of the amount has been misappropriated by the private respondent, but FIR is not being registered.

2. Mr. H.S. Ahluwalia, learned Deputy Advocate General for the respondents No.1 to 6/State, would submit that offences under Sections 294, 506, 323, 452/34 of

the IPC and Section 3 (1) (r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been registered against private respondent and it is being investigated.

3. I have heard learned counsel for the parties and perused the documents appended with the writ petition.

4. FIR on the complaint of the petitioner has already been registered and as such, Writ Petition (Cr.) No.231 of 2020 has become infructuous. However, no further direction is required to be issued. The jurisdictional police shall proceed in accordance with law. If certain offences have not been registered, the petitioner is at liberty to proceed in accordance with law.

5. With the aforesaid observation and direction, both the writ petitions finally stand disposed of. Sd/- (Sanjay K. Agrawal) JUDGE B/-