Smt. Meena Chouhan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 342 of 2018 Smt. Meena Chouhan W/o Shri Om Prakash Aged About 38 Years R/o Village Kachanda, Police Station Jaijaipur, District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Home Department Mantralaya, Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh.

2. Inspector General of Police, Range Bilaspur, Distric Bilaspur (C.G.)

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

4. Station House Officer , Police Station Jaijaipur District Janjgir Champa Chhattisgarh.

5. Vedprakash S/o Bhagau Aged About 35 Years,

6. Shyam Lal S/o Bhagau Aged About 37 Years,

7. Ram Prakash S/o Bhagau Aged About 39 Years,

8. Smt. Anju W/o Ved Prakash Aged About 33 Years, No.5 to 8 are R/o Village Kachanda, Police Station Jaijaipur District Janjgir Champa Chhattisgarh. ---- Respondents For Petitioner :

Shri Yogesh Kumar Chandra, Advocate For Respondents-State :

Shri Ashish Shukla, Dy.A.G. for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/07/2018 Heard.

1. Instant petition is against non-registration of FIR despite report made by the petitioner to the Superintendent of Police, Janjgir.

2. It is submitted that on 16/05/2018 petitioner and their family members were

assaulted as respondents No.5 to 8 forcefully entered into the house of the petitioner and cognizable offence has been committed.

3. Perused the documents and copy of the FIR which is on record. It appears to have been received in the office of Superintendent of Police on 18/05/2018. In view of the law laid down by the Supreme Court in Ram Lal Narang v. State (Delhi Admn.) (AIR 1979 SC 1791) and Lalita Kumari v. Government of Uttar Pradesh and Others {(2014) 2 SCC 1} wherein it has been held that when complainant discloses commission of cognizable offence, then police shall register the FIR. In view of this, concerned Police is directed to register the FIR and proceed in accordance with law and do the needful for completing the investigation at the earliest.

4. With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge gouri