LAWS(CHH)-2021-10-68

RAMFAL Vs. STATE OF CHHATTISGARH

Decided On October 21, 2021
RAMFAL Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This writ petition has been filed with the following reliefs:-

(2.) Learned counsel for the petitioner submits that Respondent 5 has fraudulently executed a sale deed in the name of Narmabad Bai widow of late Lamber Das Patel and minors Ramphal, Sawant Bai, Bawan Bai, Malti Bai on 26/7/1993. When the aforementioned fraudulent transaction came to the knowledge of petitioner, he lodged report to the SHO, police station Masturi on 29/9/2021 but the police authorities has not registered the crime against Respondent 5, hence, a direction be issued to Respondent 3 for registering FIR against Respondent 5.

(3.) Mr. G.I. Sharan, learned State counsel submits that alternative remedy of filing an application under Sec. 156(3) of CrPC and the complaint under Sec. 200 of CrPC before the Judicial Magistrate, 1st Class is available to the petitioner, hence, no relief can be granted to him in this writ petition. He further submits that when there is specific provision prescribed under the Code of Criminal Procedure (CrPC) for the relief sought by the petitioner in this writ petition, the writ petition is not maintainable.