Hira Ram Patre @ Hira Lal Patre v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 157 of 2018
1. Hira Ram Patre @ Hira Lal Patre Late Shri Balaram , Aged About 75 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh.,
2. Shyam Lal Patre, Hira Ram Patre @ Hira Lal Patre, Aged About 53 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh.,
3. Rajju Patre, Hira Ram Patre @ Hira Lal Patre, Aged About 46 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh.,
4. Hitesh Kumar Patre, Late Shri Babulal Patre, Aged About 23 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh.,
5. Smt. Rajkumari, W/o Shri Shyam Lal Patre, Aged About 48 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh.,
6. Smt. Shiv Patre, W/o Shri Rajju Patre, Aged About 43 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh.,
7. Smt. Santoshi, W/o Shri Yogesh Kumar Patre, Aged About 32 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh. --- Petitioners
Versus
1. State of Chhattisgarh through the Secretary, Department Of Home And Police, Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh.,
2. The Director General of Police, Raipur, District Raipur, Chhattisgarh.,
3. The Superintendent of Police, Mungeli, District Mungeli, Chhattisgarh.,
4. The Station House Officer, Police Station Aadim Jati Kalyan, District Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh
5. The Station House Officer, Police Station Jarhagaon, District Mungeli, Chhattisgarh.,
6. Radheshyam Pandey, Durga Prasad, Aged About 60 Years R/o VillageKesharuwadih, Police Station- Jarhagaon, District Mungeli, Chhattisgarh.,
7. Deepak Pandey, Shri Radheshyam Pandey, Aged About 40 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh.,
8. Manish Pandey, Shri Radheshyam Pandey, Aged About 35 Years R/o Village Kesharuwadih, Police Station Jarhagaon, District Mungeli, Chhattisgarh., --- Respondents For Petitioner :
Shri Rishi Rahul Soni, Advocate For Respondents-State :
Shri Ashish Shukla, Dy. A. G.
Hon'ble Shri Justice Goutam Bhaduri Order On Board 12.03.2018
1. By this writ petition filed under Article 226 of the Constitution of India, the petitioner has sought the following relief (s) in Para 10. "10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for its kind perusal;
10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondent authorities to take action upon the complainants (Annexure P/1) submitted by the petitioners 5 to 7 and two other ladies namely Smt. Sangita and Smt. Ramin before the respondents 3, 4 & 5 against the respondents 6 to 8; 10.3 Any other relief, which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioners."
2. Learned counsel for the petitioners submits that though certain report was made to the Station House Officer on 24.01.2018 wherein cognizable offence was reported against respondents 6 to 8, but the offence has not yet been registered against them.
3. Perused the Annexure P-1 dated 24.01.2018. Considering the fact that cognizable offence has been reported to the Station House Officer and in
view of the law laid down by the Supreme Court in Ram Lal Narang Vs. state (Delhi Admn.) AIR 1979 SC 1791 and Lalita Kumar Vs. Government of Uttar Pradesh and others (2014) 2 SCC 1 wherein it has been held that on such complaints being made disclosing commission of cognizable officence, the concerned Police shall register the FIR, complete the investigation within a reasonable time, the writ petition is disposed of with a direction to the concerned police to proceed in accordance with law and do the needful for completing the investigation at the earliest. Sd/- GOUTAM BHADURI JUDGE R a o