D.K.Soni v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 167 of 2014 • D.K.Soni S/o Late Ramji Soni Aged About 38 Years Occupation Advocate, Dist. Court Ambikapur Dist. Surguja R/o Banaras Road Chatirama Dehath PS Gandhi Nagar Dist. Surguja Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Home Department DKS Bhawan Raipur CG

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

3. State Economic Investigation Bureau/Anti Corruption Bureau Through Inspector General Chhattisgarh Investigation Wing, Opposite Jai Jawan Petrol Pump G.E.Road Raipur, Chhattisgarh ---- Respondent For Petitioner Mr. CJK Rao, Advocate For Respondent /State Mr. Adhiraj Surana, Dy. G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/12/2015 Heard finally with the consent of learned counsel for the parties. (2) The petitioner has preferred this writ petition for a direction to the respondents to investigate Crime Number 33/2012 registered at Police Station- Anti Corruption Bureau, Raipur and submit final report in accordance with law.

(3) Perusal of the F.I.R. (Annexure P/1) would indicate that offence under Sections 120-B , 420, 409, 467, 468, 471 of IPC and under Section 13(1)(c)(d) read with13(2) of the Prevention of Corruption Act, 1988 has

been registered by the above said Police Station on 06.09.2012. The FIR has been registered after preliminary enquiry on the basis of the complaint lodged by the petitioner.

(4) In the matter of Ram Lal Narang Versus State (Delhi Administration). (1979) 2 SCC 322, the Supreme Court held that whenever an ofÏce 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/- Judge (Prashant Kumar Mishra) Shyna