High Court Of ChhattisgarhWPCR/498/2017dismissed

Sohan Lal Bhagat v. State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 498 of 2017 • Sohan Lal Bhagat S/o Late Shri Balram Bhagat Aged About 42 Years Posted As Rural Agriculture Extension Officer, Ramanujganj District Balrampur Ramanujganj Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary Home ( Police ) Department Mahanadi Bhawan Mantralaya New Raipur Chhattisgarh.

2. The Secretary , Department of Cooperative Societies , Government of Chhattisgarh Mahanadi Bhawan Mantralaya New Raipur Chhattisgarh.

3. The Superintendent of Police, District Balrampur Ramanujganj Chhattisgarh.

4. The Station House Officer Police Station Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

5. The Collector, District Balrampur Ramanujganj Chhattisgarh .

6. The Assistant Registrar , Chhattisgarh Cooperative Societies District Balrampur Ramanujganj Chhattisgarh.

7. Uttam Kumar Mistri, Samiti Manager , Adim Jati Sewa Sahakari Samiti Ramchandrapur , District Balarampur Ramanujganj Chhattisgarh .

8. B.J. Ekka, Assistant Inspector, Chhattisgarh Cooperative Societies, DistrictBalrampur-Ramanujganj (C.G.) ---- Respondents For Petitioner :

Shri A.K. Pandey, Advocate For Respondents-State :

Shri Anupam Dubey, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 27/11/2017

1. Heard.

2. The present petition is for a direction to the respondent authorities to

conduct fair investigation in the F.I.R. No.54/17.

3. Learned counsel for the petitioner would submit that the petitioner was only temporary in-charge of the Adim Jati Sewa Sahakari Samiti for the alleged period and nothing has been done by the petitioner. In fact, the defalcation has been done by the other persons, who were posted the then at the relevant time. Consequently, the name of the petitioner be directed to be excluded from the F.I.R.

4. The nature of prayer as has been made appears to be premature. At this stage it cannot be said that the police is not conducting the fair investigation. It is expected that the police will conduct the fair investigation and if at all the petitioner is not involved, he will not be inculpated in any case. Any finding at this stage by this Court will prejudice the fair investigation. Therefore, the petition at this stage is premature as no relief can be granted as on date to exonerate the petitioner.

5. Accordingly, the petition is premature and it is dismissed. Sd/- Goutam Bhaduri Judge Ashu