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2022 Supreme(Chh) 31

RAJANI DUBEY
Md. Abdul Wahab Azad – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rahil Arun Kochar, Advocate.
For the Respondents: Anurag Verma, PL.

JUDGMENT :

Rajani Dubey, J.

1. Heard.

2. The present petition has been filed by the petitioner being aggrieved by the inaction of the police authorities whereby despite complaint made by the petitioner against respondent No. 6, the police authorities are not investigating this matter with fair manner.

3. On the basis of this factual matrix, the petitioner has filed this petition and prayed for following relief :-

    10.1. That this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing concerned police authorities to lodge the FIR accordance with law.

4. Learned State counsel opposed the prayer made through this petition.

5. The Hon'ble Supreme Court in case of Sakiri Vasu v. State of Uttar Pradesh & Others reported in (2008) 2 SCC 409 , has examined the issue in paragraphs 27 and 28 and held as under:-

    “27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of fling a writ petition or petition under Section 482 Cr.P.C. simply because a

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