Ram Lal Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 76 of 2018 • Ram Lal Netam S/o Samaru Netam, Aged About 64 Years R/o Dataud, P.S. Jaijaipur, Post Office Kotetara, District Janjgir Champa (Chhattisgarh), ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Home Affairs (Police), Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)

2. The Director General Of Police, Police Headquarter, Raipur, District Raipur (Chhattisgarh)

3. The Inspector General Of Police, Police Range Bilaspur, District Bilaspur (Chhattisgarh)

4. The Superintendent Of Police, Janjgir, District Janjgir Champa (Chhattisgarh)

5. The Collector, Janjgir, District Janjgir Champa (Chhattisgarh)

6. The Station House Officer, Police Station Jaijaipur, Janjgir District Janjgir Champa (Chhattisgarh)

7. Hunar Singh, S/o Ganesh Ram Gond, Aged About 57 Years R/o Dataud, P.S. Jaijaipur, Post Office Kotetara, District Janjgir Champa (Chhattisgarh) ---- Respondents For Petitioner :

Shri A.K. Shukla, Advocate For Respondents-State :

Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/02/2018

1. Petitioner has preferred the instant petition claiming following reliefs:- "10.1 This Hon'ble Court may graciously be pleased to issue a writ of mandamus/certiorari or of like nature to direct the respondent to arrest the respondent No.7 and further investigate the matter fairly in compliance of Hon'ble Court order dated 23.08.2013 and the F.I.R.

10.2 Any other relief, which is deemed fit and proper may also be awarded to the Petitioner including the cost of the petition."

2. Learned counsel for the petitioner submits that despite the registration of the FIR on 07.10.2014 neither the matter is investigated nor any closure report has been filed. He relied on the order dated 17.12.2015 passed in WPCR No. 167 of 2014 and would submit that the similar order may be passed.

3. Perused the documents filed alongwith the petition and the FIR dated 07.10.2014.

4. In the matter of Ram Lal Narang v/s. State (Delhi Administration) {(1979) 2 SCC 322} the Supreme Court held that whenever an office incharge of the Police Station received information relating to commission of a cognizable 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 appeared to be acquainted with the circumstances of the case.

5. 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 Ashu