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Chattisgarh High Court

Dalit Kumar Kurre vs State Of Chhattisgarh on 11 July, 2023

Bench: Ramesh Sinha, Rajani Dubey

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                                                                             NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR
                          WPCR No. 735 of 2019

    Dalit Kumar Kurre S/o - Late Shri Kamdeo Kurre Aged About 43 Years
     R/o - Vikas Nagar / Sheetalapara Kondagaon, District Kondagaon
     Chhattisgarh, District : Kondagaon, Chhattisgarh

                                                                    ---- Petitioner

                                     Versus

  1. State Of Chhattisgarh Through Director General Of Police, Baster
     Range,     Jagdalpur,    District     Jagdalpur    Chhattisgarh,   District      :
     Bastar(Jagdalpur), Chhattisgarh

  2. State Of Chhattisgarh Through Superintendent Of Police, Kondagaon,
     District Kondagaon Chhattisgarh, District : Kondagaon, Chhattisgarh

  3. Station House Officer, Police Station - Kondagaon, District Kondagaon
     Chhattisgarh, District : Kondagaon, Chhattisgarh

                                                                 ---- Respondents

(Cause title taken from Case Information System) For Petitioner : Mr. K.K. Pandey, Advocate For State/ respondents : Mr. Gagan Tiwari, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey, Judge Order on Board Per Ramesh Sinha, Chief Justice 11.07.2023

1. By way of this writ petition, the petitioner has prayed for following reliefs:

"(1) That, the matter may be investigated by the magisterial enquiry by the concerned officers.
(2) Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner."
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2. Learned counsel appearing for the petitioner would submit that despite filing of complaint, respondent authorities have not taken any action on the complaint made by the petitioner.

3. Learned State counsel, on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the Court below by filing an application under Section 156 (3) or 200 of the Cr.P.C. He further submits that the controversy involved in the present matter has already been decided by the High Court of Allahabad in Misc. Bench No. 24492 of 2020 : Waseem Haider Vs. State of U.P. Through Principal Secretary, Home Others vide judgment and order dated 14.12.2020 as well as by this Court in WPCR No. 333 of 2023 (Akhilesh Agrawal v. State of Chhattisgarh & Others) decided on 12.04.2023, dismissing the said petition, hence the present petition be also dismissed in terms of the said order.

4. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum.

                   Sd/-                                              Sd/-
             (Rajani Dubey)                                   (Ramesh Sinha)
                 Judge                                          Chief Justice
Ruchi