Kamal Kishore Khunte v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPCR No. 226 of 2018 Kamal Kishore Khunte S/o Tek Lal Khunte, Aged About 36 Years R/o Village Danitola (Satnamipara) Kotmi, District Janjgir Champa Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through The Secretary, Department of Home, Ministry, Mahanadi Bhawan, P.O & P.S. Rakhi, Naya Raipur, District Raipur Chhattisgarh.

2. Superintendent of Police, Janjgir, District Janjgir Champa Chhattisgarh.

3. Sub Divisional Officer (Police), Dabhra, District Janjgir Champa Chhattisgarh.

4. Station House Officer, PS Dabhra, District Janjgir Champa Chhattisgarh., --- Respondents 13.04.2018 Mr. Banhiman Roy, counsel for the petitioner. Mr. Adhiraj Surana, Dy. Govt. Advocate, for the State. Learned counsel for the petitioner submits that on a report being made, the FIR has been registered by the police of P.S. Dabhra on 16.06.2017 against one Awadh Ram who is Sarpanch of Gram Panchayat, Kotmi, for embezzlement of Rs.15,66,220/-. He further submits that though the report has been made wherein cognizable offence is stated to have been committed and despite the registration of FIR on 16.6.2017, no investigation is carried out by the police.

A perusal of the prayer made in the petition along-with the documents annexed thereto shows that the FIR was lodged by the Chief Executive Officer, Janpad Panchayat, Dabrah which was registered as Crime No.202/2017 on 16.6.2017.

In view of the law laid down by Hon'ble the Supreme Court in State of Bihar and another Vs. Shri P.P. Sharma reported in AIR 1991 SC 1260, certainly if the FIR is registered and enormous delay is caused in conducting the investigation, the Court can always give suitable directions in the given set of facts of the case. As appears in this case, though the FIR was registered on 16.6.2017 but the investigation appears to be lying in dormant state.

Therefore, it is directed that respondent No.4 shall investigate the matter and conclude the investigation at the earliest as expeditiously as possible through its logical end and shall proceed in accordance with law and do the needful. With such observation, this petition stands disposed of. /- Sd/- GOUTAM BHADURI JUDGE R a o