High Court Of ChhattisgarhWPCR/510/2017disposed off

Manish Tiwari v. State Of Chhattisgarh

2017-12-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 510 of 2017 Manish Tiwari S/o Chandra Prakash Tiwari, Aged About 29 Years R/o House No. 5, Shristhi Colony, Ward No. 39, Rajnandgaon, District Rajnandgaon, Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Home Department(Police), Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh.

2. The Director General of Police, State of Chhattisgarh, D. G. P. Office, Raipur, Chhattisgarh.

3. The Inspector General of Police, Bhilai Range, 32, Bunglow Bhilai, District Durg, Chhattisgarh.

4. The Superintendent of Police, Rajnandgaon, Chhattisgarh.

5. Station House Officer, Smt. Anju Chelak, P. S. Dongargaon, District Rajnandgaon, Chhattisgarh.

6. Smt. Arshiya Ahmed, W/o Sayeed Matin Ahmed, R/o Baldeo Bag Ward No. 14, Tehsil And District Rajnandgaon, Chhattisgarh.

7. Sayeed Matin Ahmed, R/o Baldeo Bag Ward No. 14, Tehsil And District Rajnandgaon, Chhattisgarh.

8. Aditya Pal Prop Writer Bhawana Fules, R/o Village Kohka G. E. Road, Dongargaon, Police Station Dongargaon, District Rajnandgaon, Chhattisgarh. --- Respondents For the Petitioners :

Mr. Tarun Dansena, Advocate For the State/R-1 to 5 :

Mr. Ashish Shukla, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2017

1. This writ petition has been filed under Article 226 of the Constitution of india seeking a direction to the respondent authorities to arrest the accused persons in connection with Crime No.107/2017 registered at Police Station Dongargaon, Distt. Rajnandgaon.

2. Learned counsel for the petitioner submits that despite the

registration of FIR on 06.05.2016, neither the matter is being investigated nor any closure report has been filed. He relied on the order dated 23.11.2016 passed in W.P(Cr.). No. 249 of 2016 and submits that similar order may be passed in this case.

3. Perused the documents filed alongwith the petition and the FIR dated 06.05.2016.

4. In the matter of Ram Lal Narang Vs. 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 necessary 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 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 R a o