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High Court Of ChhattisgarhWPCR/471/2018dismissed

Jethuram Yadav v. The Inspector General Of Police,

2018-08-23Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 471 of 2018 Jethuram Yadav S/o Shri Butiram Yadav Aged About 36 Years R/o Village - Kataha, Police Station And Tahsil - Masturi Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. The Inspector General Of Police, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

2. The Superintendent Of Police , Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

3. The Officer In Charge, Police Outpost- Malhar Police Station Masturi, Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

4. Shobha Ram Yadav S/o Shri Ramesh Yadav Aged About 16 Years Minor, R/o Village Kataha, Police Station And Tahsil - Masturi Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

5. Ramesh Yadav S/o Dileshwar Yadav Aged About 50 Years R/o Village Kataha, Police Station And Tahsil - Masturi Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

6. Dharmoti Yadav W/o Ramesh Yadav Aged About 47 Years R/o Village Kataha, Police Station And Tahsil Masturi, Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri Kriplesh Kela, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer S.B. : Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/08/2018 Heard.

1. This petition has been filed by the petitioner seeking a direction to the

-2respondent -Police Authority to register criminal case against respondent No.5 & 6 as well.

2. The background in which the petition is filed is that allegedly, the daughter of the petitioner, a minor, is said to have been kidnapped and the allegation is that she was kidnapped by respondent No.4. Though complaint was made against Shobha Ram Yadav and his parents Ramesh Yadav and Dharmoti Yadav, the police has registered offence only against Shobha Ram Yadav and not against his parents.

3. In cases where a complaint is made to the police and no offence is registered, ordinarily, remedy of filing complaint before the Magistrate is always available. The interference by the Writ Court in such matters has not to be made as a matter of course. Therefore, leaving the petitioner's liberty to work out his remedy to file complaint, the petition is dismissed. Sd/-/-/--- -- (Manindra Mohan Shrivastava) Judge Praveen