Smt. Chintadevi Giri Goswami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 354 of 2018 • Smt. Chintadevi Giri Goswami W/o Shri Bachcha Giri Goswami, Aged About 40 Years R/o Village Khairpur, P.S. Kotra Road, Tahsil And District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Home Department Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. Inspector General of Police Bilaspur Range, District Bilaspur Chhattisgarh

3. Superintendent of Police, Janjgir, District Janjgir Champa Chhattisgarh

4. Station House Officer, Police Station Chandrapur, District Janjgir Champa Chhattisgarh ---- Respondents For Petitioner :

Shri Sumit Shrivastava, Advocate For Respondents/State :

Shri Ashish Shukla, Dy. AG for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/07/2018

1. Learned counsel for the petitioner submits that despite the cognizable offence of rape has been reported by the petitioner, the FIR has not been registered by the Police.

2. This petition has been filed praying following reliefs:- "10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondents to register the FIR of cognizable offence.

10.2 Any other relief as this Hon'ble Court may

deems fit looking to the facts and circumstances of the case may also be awarded."

3. Perused the report made by the petitioner to the Superintendent of Police. After perusal of the Annexure P-1, it appears that the cognizable offence has been reported, therefore, in view of the law laid down by the Supreme Court in the matter of Lalita Kumari Vs. Government of Uttar Pradesh and others {(2014) 2 SCC 1}, it is directed that the police shall register the FIR and shall investigate the matter accordingly. It is further observed that this Court has not made any observation on the merits of this case.

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