High Court Of ChhattisgarhWPCR/356/2017disposed off

Mohd. Ikhlaque Khan v. State Of Chhattisgarh

2018-02-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPCR No. 356 of 2017 Mohd. Ikhlaque Khan S/o Late Mohd. Alam Khan, Aged About 46 Years R/o Masanganj, Bilaspur, Police Station Civil Lines, Tehsil Bilaspur, Civil and Revenue District Bilaspur Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary Department of Home Affairs Police, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2. Director General of Police, Raipur, District Raipur Chhattisgarh.

3. Inspector General of Police, Bilaspur Range, District Bilaspur Chhattisgarh.

4. Superintendent of Police, Bilaspur, District Bilaspur Chhattisgarh.

5. Station House Officer, Police Station Civil Lines Bilaspur, District Bilaspur Chhattisgarh. ---- Respondents 20.02.2018 Mr. Surfaraj Khan, Counsel for the petitioner. Mr. Adhiraj Surana, Dy. G.A. for the State.

Learned counsel for the petitioner submits that though the FIR was lodged in Civil Line, Bilaspur on 13.12.2016 under section 420, 34 vide FIR No. 792/2016 however, neither it is being registered nor any closure report has been filed. He relied on a case law reported in (1979) 2 SCC 322 Ram Lal Narang Vs. State (Delhi Administration) wherein the Supreme Court held that whenever an office incharge of the Police Station received information relating to commission of a conginzable offence, he was required to register the FIR and complete the investigation without unnecessary delay and, as soon as it was completed, to forward to a Magistrate empowered to take cognizance of the offence upon a police report, a report in the prescribed form, setting forth the names of the parties, the nature of the information and the names of the persons who appears to be acquainted with the circumstances of the case.

Considering the above law laid down by the Supreme Court, the writ petition is disposed of with a direction to the concerned Police Station to complete the investigation in accordance with law laid down by the Supreme court in Ram Lal Narang (supra) at the earliest and file Final Report/ Khatma or charge sheet, as the case may be, before the competent Criminal Court. Sd/- GOUTAM BHADURI JUDGE R a o .