D. K. Soni v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 249 of 2016 D.K.Soni, S/o. Late Ramji Soni, Aged About 38 Years, Occupation Advocate, District Court Ambikapur, District Surguja, R/o. Banaras Road, Chatirama Dehath, Police Station Gandhi Nagar, District Sarguja, Chhattisgarh ---- Petitioner

Versus

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

2. Director General Of Police, Police Head Quarter, Raipur, District Raipur, Chhattisgarh

3. Superintendent Of Police, Ambikapur, District Sarguja, Chhattisgarh

4. Station House Officer, Ambikapur, District Sarguja, Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. C.Jayant K.Rao, Advocate For Respondents :

Mr. Sangharsh Pandey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 23.11.2016 1.

The petition is preferred to direct the respondent authorities to arrest the accused persons in connection with Crime No.468/2015 registered at Police Station Ambikapur under Section 420, 34 of Indian Penal Code.

2.

Learned counsel for the petitioner submits that despite the registration of the FIR in the year 2015, neither the matter is investigated nor any closure report has been filed. He relied on the order dated 17.12.2015 passed in WPCR No. 167 of 2014 and would submit that the similar order may be passed.

3.

Perused the documents filed alongwith the petition and the FIR dated 31.08.2015.

4.

In the matter of Ram Lal Narang v/s. State (Delhi Administration)1 the Supreme Court held that whenever an office incharge of the Police Station received information relating to commission of a cognizable offence, he was required to register the FIR and complete the investigation without unnecessary delay and, as soon as it was completed, to forward to a Magistrate empowered to take cognizance of the offence upon a police report, a report in the prescribed form, setting forth the names of the parties, the nature of the information and the names of the persons who appeared to be acquainted with the circumstances of the case. 5.

Considering the above law laid down by the Supreme Court, the writ petition is disposed of with a direction to the concerned Police Station to complete the investigation in accordance with law laid down by the Supreme Court in Ram Lal Narang (supra) at the earliest and file Final Report/Khatma or charge sheet, as the case may be, before the competent Criminal Court.

Ashok Sd/- (Goutam Bhaduri) Judge (1979) 2 SCC 322