Omlata Gandharva v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 17 of 2021 Omlata Gandharva D/o Late Parmeshwar Gandharva Aged About 38 Years R/o Ward No. 27, Gurughasi Das Ward, Near Sai Mandir, Dallirajhara, P.S. Dallirajhara, District Balod Chhattisgarh, At Present R/o Qtr. No. Q-1, Ward No. 3, Reshni Awas, Nehru Nagar, Bhilai, P.S. Supela, District Durg Chhattisgarh. ---- Petitioner

Versus

1.

State of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

2.

Director General of Police Police Head Quarter Raipur, District Raipur Chhattisgarh.

3.

Inspector General of Police Durg Range, District Durg Chhattisgarh. 4.

Collector Durg, District Durg Chhattisgarh.

5.

Superintendent of Police Durg, District Durg Chhattisgarh. 6.

Station House Officer Police Station Mohan Nagar, Durg, District Durg Chhattisgarh.

7.

Abhishek Turkar @ Sonu S/o Siddharth Turkar Aged About 32 Years R/o Nehru Nagar Bombe Awas, Q. 5, Bhilai District Durg Chhattisgarh. 8.

Savita Uikey @ Shakhi W/o Devsharan Uikey Aged About 32 Years R/o Ward No. 7, Near Sai Baba Mandir, Dallirajhara, P.S. Dallirajhara, District Balod Chhattisgarh.

---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Punit Ruparel, Advocate For Respondent/State : Mr. H.S. Ahluwalia, Government Advocate

Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri Goutam Bhaduri, Judge Order on Board Per Arup Kumar Goswami, Chief Justice 17.11.2021 Heard Mr. Punit Ruparel, learned counsel for the petitioner. 2.

By this writ petition, the petitioner, who is sister of one Bindeshwari @ Bindia, prays for a direction to produce her sister, who is missing from 31.05.2019.

3.

It is submitted by Mr. Ruparel that based on the information given, a missing report No.41 of 2019 was registered but no FIR has been registered by the Police.

4.

On a query of the Court, it is submitted that a copy of the complaint, based on which missing report No. 41 of 2019 is registered, is not annexed with the writ petition.

5.

It is seen that on 12.02.2021, respondent No.7 gave his consent for conducting Paleography, Brain Mapping and Narco Test indicating that some investigation had taken place.

6.

When a grievance is raised regarding non-registration of FIR, we are of the opinion that in the facts of the present nature, it would be more appropriate for the petitioner to seek remedy in accordance with law. 7.

Accordingly, we decline to entertain this petition and consequently, writ petition is disposed of reserving liberty to the petitioner to seek appropriate remedy.

Sd/- Sd/- (Arup Kumar Goswami) (Goutam Bhaduri) Chief Justice Judge Anu