Smt.Abc v. State Of Chhattisgarh And ORS.

IN THE HON'BLE HIGH COURT OF CHHA1TISGARH

AT BILASPUR WRIT PETITION (CRIMINAL) No.: £55 /2014 -

IN THE MATTER OF:

An application under Article 226 & 21 of the Constitution of India THE MATTER OF:

in the Nature of Mandamus and/or appropriate Writ(s)/direction(s)/order(s) And THE MATTER OF:

1.

Smt. ABC, W/o XYZ, aged about DZ years, R/o Village Tapranga, Post-Dhaurabhanta, Thana Tehsii Tamnar, District Raigarh (C.G.)

VERSUS

1.

State of Chiétisgarh, through Secretary Department Home, Mantralaya, Mahanadi Bhawan, New Raipur, (C.G.) And 2.

Union of India; through Secretary, Ministry of Home Affairs, Shastri Bhawan, New Deihi (C.G.).

,, And 3.

Centrai Bureau Investigation (CBI), Through its Director, Piot No. 5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi 11,0003.

And 4.

Mr. Navin Jindal, Chairman, Jindal Steel and Power Ltd.

Tamnar, Thana Tehsil Tamnar, District Raigarh (C.G.) And 5.

Mr.

Bhargava, Manager, Jindal Steel Power Ltd.

Tamnar, Thana Tehsil Tamnar, District Raigarh (C.G.)

@ And 6.

Managing Director, Jindal Steel and Power Ltd.

Tamnar, Thana Tehsi!

Tamnar, District Raigarh (C.G.)

HIGH COURT OF CHHATTISGARH AT BILASPUR WPggm No.235 of2014 PETITIONER Smt. ABC -VersusRFSPONDENTS:

State Chhattisgarh others

Present

Shri Manohar Lal Sharma with Shri Harsh Wardhan, counsel for the petitioner.

Shri JK Gilda, learned Advocate General with Shri Arun Sao, Deputy Advocate General for the State.

Shri NK Vyas, ASG with Shri Bhupendra Singh, Standing Counsel for the Union of India.

Shri Vivek Tankha, Sr. Advocate with Shri Ashish Shrivastava, Shri Rishab Sancheti, Shri GL Sharma, Shri Animesh Verma, Shri Soumya Rai & Ms. Shruti Verma, Advocates for respondent No.4. Shri Rajendra Tiwari, Sr. Advocate with Shri Ashish Shrivastava, Shri Parag Shrivastava, Shri Animesh Verma Shri Soumya Rai, Advocates for respondents No.5 & 6.

Single Bench: Hon'ble Shri l'rashant Kumar Mishra, J. n12 Ar. ORDER (6-1-2015)

1. Learned Advocate General assures this Court that if the petitioner approaches the concerned Police Station lodges a complaint regarding allegations which have been projected in this writ petition, which were not earlier reported to the concerned police, the same shall be enquired/investigated in accordance with law laid down by the Supreme Court in the matter of Lalita Kumari Vs.

Government Uttar Pradesh others].

If need be, a preliminary enquiry would be conducted thereafter if any cognizable offence appears to have been committed by any prospective accused persons, the concerned Police shall proceed in 1 (2014) 2 scc 1 _

/\ / a?) accordance with law.

. At this stage, Shri Sharma, leamed counsel for the petitioner would submit that there is threat on the petitioner's person and property, therefore, the petitioner may be permitted to lodge a complaint/report before the Superintendent of Police, Bilaspur, which may be taken down at '0' and thereaiter it may be sent to the concerned police for doing the needful.

. However, learned Advocate General would seriously object to the proposition'by submitting that there is absolutely no threat to the person or property of the petitioner and if the petitioner needs, security shall be provided to her wherever she is presently staying and she can appear before the concerned Superintendent of Police along with her counsel for lodging the report. .

Shri Sharma informs that the petitioner along with her counsel shall visit the office of Superintendent of Police, Bilaspur by 6.30 pm today.

. Submission made by learned Advocate General appears to be reasonable.

Therefore, it is directed that the petitioner may Visit the office of Superintendent of Police, Raigarh along with her counsel for submission complaint.

On such submission, Superintendent of Police, Raigarh shall forward the same to concerned Police Station for proceeding ahead in matter in accordance with law laid down by the Supreme Court in Lalita Kumari (supra).

It is also directed that the petitioner, along with her counsel, shall visit the office of Superintendent of Police, Bilaspur by 6.30 pm today and thereafter she will be provided adequate security for her onwards journey to the office of Superintendent of Police, Raigarh at State expenses.

It is expected Superintendent of Police to supervise and monitor the issue so that

'2 h the law laid down by the Supreme Court in Lalita Kumari (supra) is &lly adhered.

6. With above observations directions, writ petition is finally disposed of.

However, it is made clear that this Court has not passed any order nor has made any observations on the merits of the issue.

7. CC today.

Sdl- .

Prashant Kumar Mishra mam \ Judge Barve