Girja Sai @ Jagmohan Sai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(Cr.) No.593 of 2018 Girja Sai @ Jagmohan Sai S/o Shiv Charan, Aged About 38 Years R/o Near The Ballar Chowk, Ward No. 6, Main Road Kasdol, Tahsil And Police Station Kasdol District Bhatapara Chhattisgarh. Mb. 9009437100., Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Home Department, Mahanadi Bhawan, Mantralaya, P.S. Civil Line, New Raipur, Chhattisgarh, Pin 492001., District : Raipur, Chhattisgarh

2. Superintendent Of Police Balodabazar, Bhatapara, Tahsil Kasdol District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

3. Police Station Kasdol Tahsil Kasdol, Tahsil Kasdol, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

4. Anamika Sai W/o Girja Sai @ Jagmohansai Aged About 34 Years R/o Main Road Shivrinarayan Thana Mod Shivrinarayan, Janjgir Champa, Police Station Shivrinarayan District Janjgir Champa Chhattisgarh. Mb. 7679926157, District : Janjgir-Champa, Chhattisgarh

5. Dr. Anant Ram Banjare F/o Anamika Sai Aged About 55 Years Principal Govt. Laxmneshwar College Kharoud R/o Main Road Shivrinarayan Thana Mod Shivrinarayan, Janjgir Champa, Police Station Shivrinarayan Distrit Janjgir Champa Chhattisgarh. Mb. 9406034909, District : Janjgir-Champa, Chhattisgarh

6. Kabir Khan Aged About 40 Years R/o Kasdol, Tahsil Kasdol, Tahsil Kasdol, District Balodabazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ------Respondents For Petitioner:

Shri Curtis Collins, Advocate on behalf of Vijay K Deshmukh, Advocate.

Respondents/State:

Shri Raj Kumar Gupta, Dy A.G.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 10.10.2018 1.

While referring to complaint dated 28.04.2018 (part of Anneuxre P-

10), it is submitted by learned Counsel for the Petitioner that his father-inlaw namely Dr. Antaram Banjare is trying to defame him, therefore, a case be directed to be registered against him under Section 420 IPC. However, from perusal of the record, it appears that the concerned SHO vide memo/letter dated 30.4.2018 has come to the conclusion that the dispute is exclusively between husband and wife and a proceeding for their divorce is still under consideration before the competent authority and as such the case has been dropped while exercising the power under Section 155 of Cr.P.C.

2.

In view of the aforesaid fact, I do not find any legal ground so as to direct the Respondents/authorities to register the offence under Section 420 IPC as contended by learned Counsel for the Petitioner. 3.

The Petition is accordingly dismissed at the admission stage itself. Sd/- (Sanjay Agrawal) JUDGE Priya