AARTI YADU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India against inaction on the part of the respondent-police officials, as they have not taken any action on oral as well as written complaint (Annexure P-1) made by the petitioner for registration of First Information Report (FIR) with regard to cognizable offence.

(2.) Case of the petitioner, in nutshell, is that on 7/11/2021, during the festival of Matar, petitioner, her friends and family members were enjoying the festival from outside of her house situated at Mahamaya Chowk, village Tildabandha, at that point of time, one Nitesh Tandon came there in drunken condition, abused and insulted her and also caught hold of her hand with an intention to outrage her modesty. When brothers and parents of petitioner came to rescue her, then Nitesh Tandon abused them and also assaulted upon her brothers. Nilesh Tandon and Nandlal Tandon also assaulted brothers of petitioner, which her brothers also retaliated. In respect of aforesaid incident, Nitesh Tondon lodged FIR against brothers of petitioner, but on being report made by the petitioners, the police refused to register her FIR, as father of Nitesh Tandon is in the police department, despite cognizable offence was committed with her, therefore, petitioner filed instant petition seeking relief for direction to respondent police officials to register FIR against Nitesh Tandon, Nilesh Tandon and Nandlal on the basis of complaint dtd. 11/11/2021 (Annexure P-1) and also to direct the respondent authorities to take action against respondent No. 5, who is police official, for willful disobedience of his duty for non-registration of FIR against a cognizable offence.

(3.) Learned counsel for the petitioner would submit that despite oral and written complaint (Annexure P-1) made by petitioner in respect of commission of cognizable offence, respondent-police officials did not lodge FIR against Nitesh Tandon and others only because father of Nitesh Tandon is in police department, whereas, as per law laid down by Hon'ble Supreme Court in the case of Lalita Kumari v. Govt. of UP and others 2014 2 SCC 1, respondent-police officials ought to have registered the FIR and enquired into the matter. It is further submitted that this Court has passed order for registration of FIR in similar type of various petitions, thus, respondent-police officials have not complied with the principle of law laid down by Hon'ble Supreme Court in the aforecited cases, therefore, it is prayed that relief as sought for may be granted to the petitioner.