High Court Of ChhattisgarhCRMP/975/2021disposed off

Deepak Das Mahant v. Basant Das

2021-09-22Hon'Ble Shri Justice Narendra Kumar Vyas2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 975 of 2021 • Deepak Das Mahant S/o Hemant Das Aged About 37 Years R/o Village Gopalpur, P.H.N. 17 R.N.M. Katghora, Tahsil Darri, District Korba (Chhattisgarh), District : Korba, Chhattisgarh ---- Petitioner

Versus

1. Basant Das S/o Kheman Das Aged About 35 Years R/o Village Gopalpur, P.H.N. 17 R.N.M. Katghora, Tahsil Darri, District Korba (Chhattisgarh), District : Korba, Chhattisgarh

2. State Of Chhattisgarh Through Station House Officer, Police Station Darri, District Korba (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------------- For petitioner :

Mr. Jitendra Nath Nande, Advocate.

For State :

Mr. Gurudev I Sharan, Govt. Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 22-09-2021

1. The petitioner has preferred the present petition under Section 482 of Code of Criminal Procedure, challenging the order dated 27-8-2021 passed by the learned Judicial Magistrate First Class, Katghora, District Korba whereby the complaint filed under Section 156 (3) and 200 of Cr.P.C., by the petitioner has been dismissed with a finding that no offence of forgery has been committed.

2. Learned counsel for the petitioner would submit that though the petitioner has filed the complaint before the concerned Station House Officer, Police Station and thereafter, the petitioner has

filed the complaint before the Superintendent of Police to register FIR against respondent No.1, but no action has been taken by them, therefore, they committed illegality.

3. Considering all the facts and further considering the fact that since the petitioner has efficacious alternative remedy to file a revision petition under Section 397 of Cr.P.C., the petitioner shall be at liberty to file a revision petition before the appropriate forum under Section 397 of Cr.P.C and on such revision petition being filed by the petitioner, the court below shall consider and decide the same in accordance with law, without being influenced by any of the observations made by this court.

4. Accordingly, the instant petition is disposed of with the aforesaid liberty granted in favour of the petitioner Sd/- (Narendra Kumar Vyas) Judge Raju