JAGMOHAN YADU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the order dtd. 15/12/2021 passed by the learned Single Judge in WPCR No.836/2021. [For the sake of convenience, the parties hereinafter would be referred as per their description in WPCR].

(2.) The brief facts of this case are that the respondents No.2 and 3 were convicted in a Sessions trial by the 2nd Additional Sessions Judge, Durg on 2/3/2019, along with two other accused persons. They had filed an appeal before the High Court and the Division Bench of this High Court in CRA No.664/2019, initially suspended the sentence and granted bail to respondent No.2 Bhagwat Yadav on 26/3/2021 and subsequently, the jail sentence imposed upon respondent No.3 Rupesh Yadav was suspended on 6/9/2021. It is the case of the petitioner (victim), who is the brother of the deceased, that after the respondent No.2 Bhagwat Yadav was released on bail, he started threatening the family members of the victim for which the application was moved by the petitioner before the Police Station - Patan on 29/10/2021, followed by another application dtd. 19/11/2021. It is contended since no action was taken by the Police, the Police became dormant as such the writ petition bearing WPCR No.836/2021 was filed with the following reliefs:-

(3.) The learned Single Judge dismissed the writ petition by observing that the petitioner may file a complaint under Sec. 156(3) of Cr.P.C. or Sec. 200 of the Cr.P.C. before the concerned Magistrate having jurisdiction and the Magistrate would decide the case on its own merits.