Johan Ran Sarthi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 252 of 2018 Johan Ran Sarthi S/o Late Mukut Ram, Aged About 71 Years R/o Village Arda, Post Delwadih, Bankikatghora District Korba (Chhattisgarh) P.S. Bankimogra, District : Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Superintendent Of Police, Korba Chhattisgarh.

2. Station In Charge, Special Police Station For SC And ST, (Ajacs) Korba Chhattisgarh.

3. Suresh Kumar Agrawal S/o Late Bhagirath Agrawal, Aged About 58 Years R/o Bazar Mohalla, P.S. And Tah. Katghora, District Korba Chhattisgarh. ---- Respondents For Petitioner :

Shri Shiv Kumar Shrivastava, Advocate.

For Respondents-State :

Shri S.K. Mishra, PL for the State.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 2/05/2018

1. Learned counsel for the petitioner submits that a report was made by the petitioner to the police on 16/03/2017 that the petitioner was subjected to abuse and assault, however nothing transpired.

2. Perused the documents filed alongwith the petition which shows that one report was made to the Collector and the copy was given to SHO Bankimogra and subsequently it was reported that investigation is being carried out.

3. In the matter of Ram Lal Narang v/s. 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 unnecessary 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 the information and the names of the persons who appeared to be acquainted with the circumstances of the case.

4. 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. It is further made clear that this court has not observed any opinion on the merits of this case as to whether offence is actually made or not. It is for the investigating officer to take suitable steps according to the investigation carried out. Sd/- (Goutam Bhaduri) Judge gouri