Smt. Asgari Begum v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 250 of 2018

1. Smt. Asgari Begum, W/o. Anwarur Rahmaan, Aged About 63 Years, Occupation House Wife

2. Anwaru Rahman, S/o. Munshi Nurul Rahmaan, Aged About 68 Years, Occupation Retired Person Borth are R/o. Madhubanpara Raigarh, Presently Residing At B.B. Colony Kalmana Road Kamthi District Nagpur Maharashtra ---- Petitioners

Versus

1. State Of Chhattisgarh, Through The Superintendent Of Police Raigarh, District Raigarh Chhattisgarh.

2. The Station House Officer, Thana Chakradhar Nagar, Raigarh, District Raigarh Chhattisgarh.

3. Ravindra Pal, S/o. Surjit Singh, Aged About 47 Years, R/o. Beedpara Raigarh Chhattisgarh.

4. Sadhuram Hemani, S/o. Udarenmal, Aged About 64 Years R/o. Village Chakradhar Nagar Raigarh Chhattisgarh.

5. Barat Ram, S/o. Munuram Nishad, Aged About 66 Years, Railway Bangla Para Raigarh Chhattisgarh.

---- Respondents For Petitioners :

Shri N.K.Malviya, Advocate For Respondent/State :

Shri S.K.Mishra, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 26.04.2018 Heard

1. The instant writ petition is preferred seeking direction to the respondent authorities to conclude the investigation on an FIR registered by virtue of the order of the Chief Judicial Magistrate dated 01.12.2015.

2. Learned counsel for the petitioners submits that by an order dated 01.12.2015 the FIR was directed to be registered for the offence punishable

under Section 420, 467, 468 & 471 of I.P.C. and it was directed that the investigation be carried out to the complaint made, however, the investigation is still pending despite long period has lapsed.

3. Perusal of the record of the Court below would show that on 01.12.2015 the learned Court below prima facie found that cognizable offence has been reported and directed for registration of FIR. Thereafter, the document would show till date the investigation is incomplete because of some expert opinion could not be obtained by the police.

4. In view of the law laid down by the Supreme Court in Ram Lal Narang v. State (Delhi Admn.) (AIR 1979 SC 1791) and Lalita Kumari v. Government of Uttar Pradesh and Others {(2014) 2 SCC 1} wherein it has been held that in such complaints/FIR disclosing commission of cognizable offence, the concerned police shall register the FIR, complete the investigation within a reasonable time. In view of such principle, this writ petition is disposed of with a direction to the concerned police to proceed and complete the investigation in accordance with law within a further period of six months and file necessary final report before the Court below. It is further made clear that this Court has not expressed any opinion on merits of this case.

Sd/- (Goutam Bhaduri) Judge ashok