Qa (g IN THE HIGH COURT OF CHHA’IVI‘ISGARH : BILASPUR Writ Petition No. 3 188 of2003 Belasiya Bai, aged about 60 years, W] o latc Dalbir Singh Gond, Caste by Gond (Schedule ’l‘n'be) resident of Village Rumga Petitioner Post Rumga, RS, 1‘ axwahi, Tahsil Manvahi: Distt. Bilaspur C.G. Versus Respondents l. State of Chhatiisgarh. ’l‘hmugh the Chief Secretary, Chhatu'sgarh State Raipur (C.G.) Superintendent of Police, Distt. Biiaspur Deputy Superintendent of Police, Scheduled Castes and Scheduied Tribes Welfare Bilaspur (QGJ. 4. House Station OEicer, Police Station Maiwahi, Distt. Eilaspur (C.G.) Bajarangdas Panika, aged about 40 years, 5. Sjo Ramkripai Pam'ka, Caste by Panika resident of village Rumga, Post Rumaga, RS. Malwa‘ni, Disit. Bilaspur (C.G.) Alvind Kumar Rai, aged about 32 yeats, s/o Laxmi Pxasad Rai caste by KalmfJaiswal, Occupation Village Blanch Post Master msident of village Rumga, PO Rumga, RS. Maiwalli, Distt. Bilaspur (CG). Laxmi Prasad Rai, aged about 60 yems, S/ o Late Gaya Prasad Rai, Caste by Kalar/Jaiswal, retired Teacher, resident of village Rumga, Post Rumaga, P.S. Maxwahi, Distt. Bilaspur (6G,) Anil Kumar Rai, aged about 27 years, Sjo Laxmi Pmsad Roi, caste by KalariJaiswal, Occupation — Shiksha Karmi Teacher, RS, Maxwahi, Distt. Bilaspur (C.G.) 8. LON; WRIT PEI‘I’I‘ION UNDER ARTICLE 22b OF THE CONSTITUTION OF INDIA (SB: Hon’ble Shri Satish K. Agnihotri d.) Shxi Vishwnath Goswemi, Advocate for the petitioner. Shli Vinay Harit, Deputy Advocate General for the respondents No. 1 to 4/State. n_,~l .. ORDER (Pas56d on this 10th Day of November, 2008) Loaxned counsel appealing for the petitioner submits mat the petitioner is a poor tribal Widow lady, she is not in a posinon to approach the Magistrate. It is further submitted that the petitioner had attempted to lodge F.I.R. with the police station and thereafter wrote a letter to the Deputy Superintendent of Police (Annexure P] 1) but nothing has happened in the alleged offence of rape and murder of the daughter of the petitioner namely Kamla Bai. ’I‘he Statej police has already filed return, herein this petition. l have heard learned counsel appearing for the petitioner and perused the pleadings and documents appended thereto. lt is well settled that in normal circumstances, if a person is not satisfied with the investigation and the action taken by the Police, he can avail the remedy of tiling a criminal complaint in the Court of Judicial Magistrate under the provisions of Sections 190 and 200 of the CLEO. 1n View of such a pathetic condition of the petitioner, as pointed out by learned counsel appearing for her, this Court is of the opinion that the ends of iustice would sub-serve if the matter is mferred to the Chief Judicial Magistrate, Bilaspur with the direction to look into the matter and take appropriate steps as pmvided under the provisions of law. lt may be taken. as if the petitioner has nled a complaint before the concerned Magistrate. Law has to be followed. I am not expressing any opinion ofmerit. // 4% 4. 1t is ordered, accordingly. 5. Shri Vishwnath Goswami, learned counsel appean‘ng for the petitioner offers his sexvices as ‘1egal aid’. He further submits that he would appear as counsel for the petitioner/complainant before the Magistrate to assist the Court for proper investigation and trial. 6. Before ta king up the matter the petiu'onerj complainant as well as Shri Vishwnath Goswami, learned counsel be informed about the iirst date of hearing by the concerned Magisuate. ‘ 7. This Uourt appreciates the gestures shown by leamed counsel appearing for the petitioner in extending hJs services for administration of justice. a, 1n view of the foregoing, this petition stands disposed of. No order asto costs. The matter 1s remitted to the District and Sessions Judge, Bilaspur for appropriate action. Papers shall be sent forthwith. Sd/— Satish K. Agm'hotrii i" Judge Thakur , «v a Wm