Ratanlal Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 69 of 2017 Ratanlal Agrawal S/o Late Shri Jagnath Agrawal Aged About 54 Years Cast Agrawal R/o Kotra Road Raigarh Post Office Raigarh, Civil And Revenue District Raigarh (Chhattisgarh) ---- Petitioner

Versus

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

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

3. The Station House Officer, Police Station Chakradhar Nagar, Tahsil Raigarh, Civil And Revenue District Raigarh (Chhattisgarh)

4. Sangeeta Agrawal, W/o Suresh Agrawal, Aged About 45 Years R/o Park Revenue Chowk, Dhimrapur, P. S. Kotwali Raigarh, Tahsil And District Raigarh (Chhattisgarh)

5. Suresh Agrawal, S/o Ram Kumar Agrawal, Aged About 48 Years R/o Park Revenue Chowk, Dhimrapur, P. S. Kotwali Raigarh, Tahsil And District Raigarh (Chhattisgarh) ---- Respondents For Petitioner :

Ms. Bulbul Agrawal, Advocate For State :

Mr. Sangharsh Pandey, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/03/2017 Heard 1.

The petitioner's grievance, as ventilated through this petition, is that the investigation has not been concluded and the police of Police Station Chakradhar Nagar, Tahsil Raigarh has not submitted its report under Section 173 Cr.P.C. before the Jurisdictional Magistrate, till date, despite order dated 23.12.2016 passed by this Court earlier.

2.

Learned counsel for the State submits that various inquiries were made by Station House Officer, which included inquiry with regard to the location of the

land, in respect of which, the alleged crime is said to have been committed. He submits that recently, demarcation report dated 02.02.2017 was received and presently, the Station House Officer is proceeding with the inquiry and the investigation would be completed soon and appropriate report would be submitted under Section 173 of Cr.P.C.

3.

Considering the submissions, reason assigned for delay and demarcation report has been received on 02.02.2017, it is expected that the Police Authority shall complete the investigation and submit the report at the earliest before the Jurisdictional Magistrate.

4.

It is made clear that there is no comments on the merits of the case as to whether there has to be submission of charge-sheet or a closure report. It would depend upon the nature of inquiry and material as may be collected by the police whether closure report should be submitted or charge-sheet should be submitted against the proposed accused.

5.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha