Shaista @ Rimsa Rahman v. State Of Chhattsgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 222 of 2018 • Shaista @ Rimsa Rahman D/o Late S. M. Rahman , Aged About 28 Years R/o Nayapara Jagdalpur District Bastar Chhattisgarh ---- Petitioner

Versus

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

2. Director General of Police , Raipur District Raipur Chhattisgarh

3. Inspector General of Police , Range Bastar District Bastar Chhattisgarh

4. Superintendent of Police , Bastar , Civil And Revenue District Bastar Chhattisgarh

5. District Magistrate Jagdalpur Civil And Revenue District Bastar Chhattisgarh

6. Station House Officer Police Station City Kotwali , Jagdalpur Civil And Revenue District Bastar Chhattisgarh

7. Javed, R/o Rawat Para, Police Station City Kotwali Jagdalpur District Bastar Chhattisgarh...........(Accused ) ---- Respondents For Petitioner :

Shri Punit Ruparel, Advocate For Respondents-State :

Shri Ashish Shukla, Dy. AG for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 12/04/2018

1. Learned counsel for the petitioner submits that the report was made about cognizable offence to the Inspector General of Police, Jagdalpur with the copy to the respective Superintendent of Police on 07.02.2018, however, the FIR still not been registered by respondent No.6 Station House Officer Police Station City Kotwali.

2. Perused the report made to the Inspector General of Police, Jagdalpur with a copy to the different authorities and the document Annexure P-2, which is a copy of the notice under Section 91 Cr.P.C., which records that the petitioner was asked to record her statement in the Police Station Sanjay Market, Police Station Kotwali, Jagdalpur as to register the FIR. Those facts reveals that the report is already with the Police Station and reading of Annexure P-1 purports that the cognizable offence was reported to have been committed. As such the respondent/police authorities were bound to register FIR pursuant to the law laid down in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others {(2014) 2 SCC 1}.

3. In view of this, it is directed that the police shall register the FIR of the petitioner, thereafter, shall proceed in accordance with the provisions of Cr.P.C. within a further period of 15 days after receipt of the notice.

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