Mohamad Arif Rokadiya v. Ashish Tiwari

HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 62 of 2020 Mohamad Arif Rokadiya S/o Mohamad Daud Rokadiya Aged About 45 Years Resident Of - Akash Ganga Colony, House No. 48, Rudri Road, Dhamtari, District- Dhamtari Chhattisgarh ---- Petitioner

Versus

1. Ashish Tiwari S/o Shri Sanjay Tiwari, In-Charge Of Police StationGurur, District- Balod Chhattisgarh Presently Posted At Narayanpur, District- Bastar Chhattisgarh

2. Manish Sharma S/o Shri R.V. Sharma, Presently In-Charge Of Police Station- Gurur, District- Balod Chhattisgarh ----Respondents For petitioner- Shri V.C. Ottalwar and Ms. Deblina Maity, counsel for the petitioner.

Hon'ble Shri Justice Goutam Bhaduri Order 24/01/2020 1.

Learned counsel for the petitioner submits that the FIR has not been registered against the person concerned.

2.

In the earlier occasion in WPCR No.286/2017 prayer was to register an FIR, therefore once the FIR has been registered no contempt can be said to have been committed. If the petitioner is aggrieved, he can avail the alternative remedy of filing complaint.

3.

This court in contempt jurisdiction cannot direct to register a particular FIR against a particular person as it would amount to judicial finding for which the court is not inclined to do so.

4.

Accordingly, the petition is dismissed.

Sd/- (Goutam Bhaduri) JUDGE gouri