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RAMESH SINHA, SANJAY K. AGRAWAL
Akhilesh Agrawal S/o Late Rameshwar Agrawal – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. Heard learned counsel appearing for the respective parties and perused the record.
2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India with a prayer to issue a writ of mandamus commanding the respondent authorities to register the crime/FIR against the respondents No.05 to 011 herein and provide instant protection to the petitioner and his family.
3. Learned counsel for the petitioner submits that the respondents No.05 & 06-authorities in connivance with the private respondents No.07 to 11 on 25.06.2020 has kept the petitioner under wrongful confinement for 05-06 hours and the hotel/restaurant of the petitioner has been demolished by the police officials and further the entire belongings of the petitioner’s hotel alongwith cash to the tune of Rs.15 lakhs has been looted by them. It is further submitted that there was no order/sanction of any competent authority to demolition the hotel/restaurant of the petitioner neither any notice of eviction or opportunity of hearing has been afford to the petitioner. Thus, the impugned action on the part of the respondents-authorities is arbitrary, erroneous and illegal
The main legal point established in the judgment is that the High Court cannot issue a direction for registration of an FIR under Article 226 of the Constitution of India, and the aggrieved person sh....
The main legal point established in the judgment is that the writ of mandamus can be declined when seeking to direct registration of FIR before exhausting the available statutory remedies under Cr.P.....
The main legal point established in the judgment is that the remedy for non-registration of F.I.R. lies with the complainant to approach the Magistrate under Section 156(3) of the Cr.P.C., as per the....
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