NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Reserved on 16-08-2021 Pronounced on 25-10-2021 WPCR No. 185 of 2021 • Jagdish Bansal S/o Ramphal Agrawal Aged About 61 Years R/o Bansal Apartment Sakti, Police Station And Tahsil- Sakti, District-

Janjgir-Champa, Chhattisgarh Mo. No. 9300624445.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Home Police Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District-

Raipur, Chhattisgarh

2. Director General Of Police, Police Head Quarter Raipur, District-

Raipur, Chhattisgarh

3. Superintendent Of Police, Janjgir, District Jangir-Champa, Chhattisgarh

4. Station House Officer, Police Station- Sakti, District- Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner : Mr. Ratnesh Kumar Agrawal, Advocate For State : Mr. S.C. Verma, Advocate General with Mr. Ashish Tiwari, Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas C.A.V. ORDER

1. The petitioner has filed present petition alleging inaction and arbitrariness of respondent authority that one Anand Agrawal who alleged to have committed an offence under Section 294, 506, 323, 341, 307 of the IPC registered at police station – Sakti, District – Janjgir Champa bearing Crime No. 423/2020 has not been arrested by the police.

2. The facts projected by the petitioner in brief are that when the petitioner reached in front of Hotel Natraj at Sakti on 05.12.2020, then accused Anand Agrawal wrongfully restrained him and committed marpeet with Danda, resultantly petitioner received injury on his vital part of head and also used filthy language. The Petitioner has also annexed the photographs of the injuries sustained by him. He immediately reported the incident before the police who registered the case as Crime No. 423/2020 for committing offence under Sections 294, 506, 323, 341, 307 of the IPC but the accused has not been arrested therefore, he has filed the present writ petition (criminal).

3. The petitioner has filed petition with a prayer that accused namely Anand Agrawal in connection with Crime No. 423/2020 registered at police station – Sakti, District – Janjgir Champa be arrested. The said prayer has already been considered and the accused has been released on bail by the trial Court as all the offences are cognizable offence. But the learned counsel for the petitioner insists that since the offence under Section 307 of the IPC has been deleted by the police authority malafidely, therefore, the issue with regard to power of police authority to delete the charges may be decided by this Court.

4. This Court has directed the Station House Officer of concerned police station on 05.07.2021 to appear before this Court on 08.07.2021 along with case diary of the case to explain what action has been taken by him in connection with Crime No. 423/2020. Pursuant to the direction, the Station House Officer appeared before this Court along with diary and informed to this Court that the accused has been arrested but charge under Section 307 of IPC has been deleted after examining the medical report. This Court put a specific query to the State counsel whether such power is lying with the police authority to delete a section mentioned in FIR, to which, he would submit that it has been done with a direction of higher authority. This Court directed the State to file a detailed affidavit. Pursuant to the direction given by this Court, affidavit was filed by the State sworn by the Sub Divisional Officer (Police), Sakti on 15.07.2021, mainly contending that if information is received with regard to any cognizable offence, it has to be recorded by the police authority in prescribed format which amounts to registration of FIR and in the FIR the relevant details relating to the offence i.e. name of the complainant, date & place of incident, description of crime, etc. have to be recorded. On the basis of description of crime, as narrated by the complainant either in written or oral form, the police officer forms a prima-facie op