Satyanarayan Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 330 of 2018 Satyanarayan Singh S/o Late Shivban Singh Aged About 45 Years R/o Village Ram Nagar, Vishrampur, Tehsil And District Surajpur, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. The Superintendent Of Police Surajpur, District Surajpur, Chhattisgarh.

3. The Station House Officer, Anusuchit Jati Kalyan Thana, Surajpur, District Surajpur, Chhattisgarh.

---- Respondents For petitioner - Shri A.K. Prasad, Advocate.

For State- Shri Sangarsh Pandey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 12/07/2018 Heard.

1.

Instant petition is filed seeking a direction claiming following reliefs:- (i) That, the respondent authorities may kindly be directed to complete the investigation in respect of Crime No.01 of 2010, registered at Police Station Anusuchit Jati Kalya Thana Surajpur, District Surajpur, Chhattisgarh and to file charge sheet under Section 173 of the Cr.P.C. against the accused persons.

(ii) Any othe relief deem fit in the present facts and circumstances of this case may also be awarded to the petitioner.

2.

Learned counsel for the petitioner submits that closure report which was submitted on the basis of the FIR, CJM Surajpur refused to accept the closure report which is filed as Annexure P-3. It is submitted that police were directed to continue further investigation, despite that no investigation is carried out.

3.

Perused the documents. Perusal of the record would show that SP Surajpur has sent closure report and subsequently order sheet of the court shows that closure report was not accepted by the court and further direction was issued for investigation.

4.

In the matter of Ram Lal Narang Vs. State (Delhi Administration) reported in (1979) 2 SCC 322 Supreme court has held that whenever FIR has been made of cognizable offence, police officer was required to register the FIR and complete the investigation without unnecessary delay and forward to the Magistrate empowered to take cognizance of the offence upon a police report. In this case, police report having been filed same was not accepted and further direction was given. Therefore, under the circumstances following the law laid down by the Supreme court in case of Ram Lal Narang (supra) police is directed to complete the investigation in accordance with law and file Final Report/Khatma or charge sheet, as the case may be before the competent criminal court. 5.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri