Rajendra Soni v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No.137 of 2015 Rajendra Soni S/o C.P. Soni Aged About 42 Years R/o. Raj Kishore Nagar, P.S. Sarkanda, District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary, Home Department, Mahanadi Bhawan, Raipur (Chhattisgarh)

2. Director General Of Police, Heard Quarter, Raipur, District Raipur (Chhattisgarh)

3. Superintendent Of Police, Korba (Chhattisgarh)

4. Station House Officer, P.S. Katghora, District Korba (Chhattisgarh)

5. Smt. Nilima Dubey W/o Sanjay Kumar Dubey Aged About 45 Years (Bus Operator), R/o. Vinobha Nagar, P.S. Tarbahar, Bilaspur, District Bilaspur (Chhattisgarh)

6. Sanjay Kumar Dubey S/o Bihari Lal Dubey Aged About 49 Years R/o. Vinobha Nagar, P.S. Tarbahar, Bilaspur, District Bilaspur (Chhattisgarh) --- Respondent For Petitioner :

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

Shri D. R. Minz, Dy.G.A.

Order On Board 11/09/2015 During the pendency of this petition, it has been stated on affidavit that closure report under Section 173 Cr.P.C. has been submitted by the police before the concerned jurisdictional Magistrate.

2.

Learned counsel for the petitioner submits that proper investigation was not held and closure report has been submitted, which is not liable to be accepted. 3.

Considering that the closure report has now been submitted before the Magistrate and it is for the Magistrate to accept or not to accept the closure report or direct further investigation in the matter, I am not inclined to proceed further in the

matter at this stage.

4.

This petition is finally disposed off with an observation that the Magistrate shall take appropriate decision on the closure report in accordance with law. The petitioner may submit a fresh application before the Magistrate as victim for being heard before passing any order on the closure report.

Sd/- Manindra Mohan Shrivastava Judge Tumane