^- /fi^ ^(.•1 \\ 'F'' ^,.^\ ^sss^ BEFORETHEHON'BLEHIGHCOURTOFCHHATnSGARHAT BlLASPUR .^y- WRITPETITION rClNo. /2011 PETITIONERS <^%^ .^i^ ^;^.y ••"'' ^'•J~;.-:'' •^^•" ^ ~^y ^- RESPONDENTS 1. Firoj Khan, S/o Sikandar Khan, ^Aged aboyt 30 year, 2. Shamshad Khan, S/o Sikandar Khan, Aged about 27 year, Both Advocates by profession and Both R/o Ward No.7, Lalpur Road, Baghbahara, Thana Baghbahara, District Mahasamund, C.G. VERSUS State ofChhattisgarh, Through the Secretary, Department of Home Affairs Mantralaya, D.K.S. Bhawan Raipur (C.G) TheCollector District Mahasamund, C.G. The Superintendent ofPolice District Mahasamund, G.G. Station House Officer, Pplice Station Baghbahara, District Mahasamund, C.G. WRIT PETITION UNDERARTICLE 226 OF CONSTITUTION OF INDIA, J-S— i-/\^r^n<-t-<-i illijr_ << '^ .e' sO H!GH COURT_QFCHHATTISGARHj BLLASPUR WRIT PETITION (0 N0.3322 OF2011 PETITIONERS Firoj Khan & Another Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Article 226 of the Constjtution of India) Singte Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Petitioners are in person. Shri V.V.S. Murthy, Dy. Adv. General for the State. ORDER (Passed on this 18th day of October, 2011) 1. Heard tearned counsel for the parties. 2. By this petition, the petitioners seek a direction to the respondent authorities to take appropriate action for protection of the petitioners and their family members from undue harassment and humiliation, 3. According to the petitioners, there was some civil dispute between the mother of the petitioners and her steps sons. The opposite side in collusion with the revenue authorities got some orders in their favour. Being aggrieved, the petitioners lodged a report against the accused persons. The authorities instead oftaking action against the accused persons, started harassing the family members of the petitioners and registered false cases against them. According to the petitioners, the petitioners have been acquitted from the said false cases. Even then also the authorities used to harass and humiliate the petitipners and their family members. Thus, this petition. 4. On the other hand, learned counsel appearing for the State submits that the petitioners used to abuse and threaten the authorities with dire conseguences. The petitioners are habitual offenders and several offences are registered against them. It is also informed that several cases are pending in respect of the present petitioners before the Court of Judicial Magistrate as well as the Sessions Court. /• ^\ •fSte. B 'riiy2! i '^ s During the course of arguments, it was stated, at the bar, that the petitioners have abused the authorities and also attempted to assault them. Thus, a criminal case has been registered against the petitioners under the provisions of law. The steps to investigate the case are being taken by the Police authorities, There is no harassment or humiliation, as alleged and pleaded by the petitioners. The petitioners do not deny the facts of non-registration of cases against them. Even otherwise, if no case is pending consideration and the petitioners have grievances against the authorities, the petitioners piay take recourse to judicial process by filing a complaint before the competent Judicial Magistrate. If the cases are pending consideration in that event also, the petitioners may make an appropriate application before the judicial Courts, wherein cases are pending, raising their grievances, as alleged for proper orders. If the cases are pending consideration before the criminal Courts, this Court in exercise of its power under Article 226 of the Constitution of India is not inclined to interfere with the same, as the proper remedy of taking recourse to the appropriate forum, under the provisions of law available to the petitioners. In the result, the petition is liable to be and is hereby dismissed. However, the petitioners are at liberty to approach the appropriate forum by filing an application in respect of their grievances, in accordance with law, Jfso advised. —__-_. Gowri Sd/- Satish K. Agnihotri Judge