High Court Of ChhattisgarhWPCR/481/2019disposed off

Imtiyaz Ali v. State Of Chhattisgarh

2019-07-17Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(Cr.) No. 481 of 2019 • Imtiyaz Ali S/o Haji Niyaz Ali, Aged About 40 Years, R/o Samta Colony, Talapara, Bilaspur, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh

2. Superintendent Of Police Bilaspur, District Bilaspur Chhattisgarh

3. Station House Officer Police Station Chakarbhatha, District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Ms. Hamida Siddiqui, Advocate.

For State/respondents :

Mr. Subhash Yadav, Dy. Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 17-07-2019 Heard.

1. This petition has been brought praying for issuance of an appropriate writ.

2. Learned counsel for the petitioner submits that the petitioner has lodged one F.I.R. relating to theft of vehicle from his possession. The F.I.R. was registered as crime No.177/2017 against unknown person. Till date, the police have neither recovered the vehicle nor found the accused person. As the petitioner has to claim insurance, that is why he needs to have the result of the investigation. The petitioner has made a prayer to the Superintendent of Police, Bilaspur vide Annexure- P/3 for submitting closure report on 18.04.2018 against which there was no response.

-2Therefore, the petitioner is in dire straits. Hence, it is prayed that appropriate direction be issued.

3. Learned counsel for the State opposes the petition.

4. Considered on the submissions made by both the parties and perused all the documents filed along with the petition, it appears that the F.I.R. has been lodged way back on 06.05.2017 and after passing of more than two years, the police have not been able to find the accused person or recover the vehicle i.e. stolen property. Therefore, in such case, usually the closure report follows. Therefore, the petition is disposed off with following directions:- (a) Respondent No.03 is directed to file closure report in the case, in the F.I.R. No. 177/2017, in case, they have not been able to find the accused and recover the stolen property, within a period of two months.

5. Accordingly, this petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Monika