High CourtsSingle Bench(2019) 02 CHH CK 0382

Dinesh Singh Solanki vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 21 February 2019

HON’BLE JUDGES
Goutam Bhaduri, J
RESULT
Disposed Of
CASE NUMBER
WPCR No. 91 Of 2018

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Judgment

14 paragraphs · 276 words

Goutam Bhaduri, J

1.

Heard.

2.

The present petition is for registration of the FIR, which discloses a cognizable offence.

3.

It is contended by learned counsel for the petitioner that the petitioner who is resident of Agra has made a report but it was not registered and he is

being threatened that he could not even enter into the periphery of the police station Kargi Road, Kota as threat looms large.

4.

Learned State counsel submits that the conduct of the petitioner would show that he himself has compromised with the respondent No.6, therefore,

it appears that it was an inter se monetary dispute in between the parties and the petitioner has not come forward to record his statement.

5.

Be that as it may, perusal of the Annexure P-4 would show that cognizable offence has been reported, therefore, the police was bound to register

the FIR as per the directions given by the Supreme Court in the case ofL alita Kumari Vs. Government of Uttar Pradesh and others {(2014) 2 SCC

1}, therefore, the concerned police is directed to register the FIR and after registration of the FIR the statement of the petitioner may be recorded on

a fixed dated and if need be, he may be protected from manhandling for which the in-charge of the concerned police station shall be liable to provide

security. The petitioner shall intimate this order to the concerned police so that the compliance of this order may be carried out. It is further made

clear that this Court has not expressed any opinion on the merits of the case.

6.

With such observation, the petition stands disposed of.