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Chattisgarh High Court

Dashoda Bai Yadav vs State Of Chhattisgarh on 16 June, 2020

Author: Sanjay K. Agrawal

Bench: Sanjay K. Agrawal

                           1

                                                       NAFR

   HIGH COURT OF CHHATTISGARH, BILASPUR

               WPCR No. 226 of 2020

 Sahasram Yadav S/o Late Thanwar Yadav Aged
 About   40     Years    R/o     Village    Samharmura   @
 Belapara,      Police     Station       Patewa,   Tahsil
 Patewa, District Mahasamund Chhattisgarh.

                                          ­­­­ Petitioner

                                           (Complainant)

                        Versus

1. State of Chhattisgarh through the Secretary,
  Department     of     Home   Affairs     (Police),   New
  Raipur, Mantralaya, New Raipur, Civil and
  Revenue District Raipur Chhattisgarh.

2. Director General of Police Raipur, District
  Raipur Chhattisgarh.

3. Inspector      General        of      Police,    Range
  Mahasamund District Mahasamund Chhattisgarh.

4. Superintendent of Police, Mahasamund Civil
  and         Revenue          District       Mahasamund
  Chhattisgarh.

5. District    Magistrate,       Mahasamund    Civil   and
  Revenue District Mahasamund Chhattisgarh.

6. Station House Officer Police Station Patewa
  District Mahasamund Chhattisgarh.

7. Chhabi Gajendra Aged About 65 Years,
                       2

8. Rikhi Ram Aged About 55 Years,

9. Dheeru Goswami Aged About 45 Years,

10.Rameshwar Sinha Aged About 48 Years,

11.Ankit Aged About 25 Years,

12. Daulal Aged About 50 Years,

13. Purushottam Aged About 50 Years,

14.Dharmendra Aged About 40 Years,

15. Chhabi Gajendra Aged About 65 Years

16.Jitendra Sinha Aged About 30 Years

17.Lekhram Thakur Aged About 45 Years

18. Momti Thakur Aged About 55 Years

19.Kailash Gajendra Aged About 50 Years,

20.Nitish Gajendra Aged About 25 Years,

21.Duberam Sinha Aged About 65 Years,

22. Kaushal Gajendra Aged About 40 Years,

23. Gyanendra Sinha Aged About 25 Years,

24. Ganesh Sinha Aged About 30 Years,

25.Tosham Sinha Aged About 65 Years,

26. Domas Sahu Aged About 45 Years,

27.Sonu Kalar Aged About 25 Years,
                               3

(Respondents No.7 to 27 are R/o Village Torla,

Police Station Patewa, District Mahasamund (C.G.) ­­­­ Respondents WPCR No. 255 of 2020  Dashoda Bai Yadav, W/o Maniram Yadav, Aged About 45 Years R/o Torla Dhaba (Mani Punjabi Dhaba), Patewa, Police Station Patewa, Tahsil Patewa, District Mahasamund Chhattisgarh.

­­­­ Petitioner (Complainant) Versus

1. State of Chhattisgarh through ­ the Secretary, Department of Home Affairs (Police), New Raipur, Mantralaya, New Raipur, Civil and Revenue District Raipur Chhattisgarh.

2. Director General of Police, Raipur, District Raipur Chhattisgarh.

3. Inspector General of Police, Range Mahasamund, District Mahasamund Chhattisgarh.

4. Superintendent of Police, Mahasamund, Civil and Revenue District Mahasamund Chhattisgarh.

5. District Magistrate, Mahasamund, Civil and Revenue District Mahasamund Chhattisgarh. 4

6. Station House Officer Police Station Patewa, District Mahasamund Chhattisgarh.

7. Chhabi Gajendra Aged About 65 Years,

8. Rikhi Ram Aged About 55 Years,

9. Dheeru Goswami Aged About 45 Years,

10.Rameshwar Sinha Aged About 48 Years,

11.Ankit Aged About 25 Years,

12. Daulal Aged About 50 Years,

13. Purushottam Aged About 50 Years,

14.Dharmendra Aged About 40 Years,

15. Chhabi Gajendra Aged About 65 Years

16.Jitendra Sinha Aged About 30 Years

17.Lekhram Thakur Aged About 45 Years

18. Momti Thakur Aged About 55 Years

19.Kailash Gajendra Aged About 50 Years,

20.Nitish Gajendra Aged About 25 Years,

21.Duberam Sinha Aged About 65 Years,

22. Kaushal Gajendra Aged About 40 Years,

23. Gyanendra Sinha Aged About 25 Years,

24. Ganesh Sinha Aged About 30 Years,

25.Tosham Sinha Aged About 65 Years, 5

26. Domas Sahu Aged About 45 Years,

27.Sonu Kalar Aged About 25 Years, (Respondents No.7 to 27 are R/o Village Torla, Police Station Patewa, District Mahasamund (C.G.) ­­­­ Respondents For Petitioner(s):­ Mr. Punit Ruparel, Adv. For State/Respondent(s):­ Mr. Ravi Bhagat, Dy. G.A. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/06/2020

1. Proceedings of this matter have been taken up through video conferencing from High Court premises at Bodri, Bilaspur.

2. WPCR No.226/2020 has been filed for registration of FIR against Respondents No.7 to 27 and thereafter FIR has been registered against the respondents, but offences under Sections 354 and 452 of the IPC have not been registered and, therefore, WPCR No.255/2020 has been filed by Dashoda Bai Yadav.

3. Heard learned counsel for the parties.

4. Learned counsel for the petitioners submits 6 that offences have been registered against the private respondents but offences under Sections 354 and 452 of the IPC have not been registered.

5. Learned State counsel submits that the matter is under investigation and is being investigated.

6. Since the investigation is under progress, this Court cannot issue any direction at this stage and it is for the Investigating Authority to proceed in accordance with law. Petitioners are at liberty to file application before the appropriate authority raising their grievances in accordance with law.

7. With the aforesaid observations, these petitions stand disposed of.

Sd/­ (Sanjay K. Agrawal) Judge Ankit