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High Court Of ChhattisgarhWPCR/364/2016disposed off

Ratan Lal Agrawal v. State Of Chhattisgarh

2016-12-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 364 of 2016 Ratan Lal Agrawal S/o Late Shri Jagannath Agrawal, Aged About 54 Years Caste Agrawal, R/o Kotara Road, Post Office Raigarh, Police Station Raigarh, Tahsil Raigarh, Civil And Revenue District Raigarh, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Home Mantralaya, Mahanadi Bhavan, Naya Raipur, Raipur, (Chhattisgarh)

2. Superintendent Of Police, Raigarh, Distt. Raigarh (Chhattisgarh)

3. The Station House Officer, Police Station Chakradhar Nagar, Tahsil Raigarh, Civil And Revenue District Raigarh, (Chhattisgarh) ---- Respondents 23/12/2016 Shri Kamal Kishore Patel, counsel for the petitioner. Shri Anil S. Pandey, G.A. for the State.

This instant petition has been preferred with a prayer to conduct investigation in respect of the FIR which was lodged on 14/10/2015 registered at Crime No.348/15 under Section 420 IPC at Police Station Chakradhar Nagar, Raigarh as per Annexure P-1.

Learned counsel for the petitioner submits that though FIR has been lodged on 14/10/2015 but that has been kept in dormant state and no investigation is being carried out for the reasons best known to the police officers. He therefore submits that limited prayer before this court is to give the direction to investigate the matter so as to take it to its logical end expeditiously.

I have perused the papers filed along with the petition. In view of the law laid down by Hon'ble the Supreme Court in between State of Bihar and another Vs. Shri P.P. Sharma and another reported in AIR 1991 SC 1260

certainly if the FIR is registered and enormous delay is caused the court can always give suitable directions in given set of facts. As appears in this case though FIR was registered on 14/10/2015 but investigation appears to be lying in dormant state.

Therefore, it is directed that respondent No.3 shall investigate the matter and conclude the investigation through its logical end and shall proceed in accordance with law and do the needful and complete the investigation at the earliest as expeditiously as possible. With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri