Writ petition challenging failure of police to arrest an accused. The State conducted an enquiry as directed by the Inspector General. The High Court upheld the police enquiry findings and disposed of the petition.
None granted; the petition was disposed of as the police had complied with the Inspector General's direction to conduct an enquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 450 of 2018
Rajkumar Mishra S/o S/o Late Ganesh Prasad Mishra Aged About 46 Years R/o Haldibadi Chirmiri Thana Chirmiri, Tahsil Khadgawa, District Koriya, Chhattisgarh. E-Mail- [email protected], W.App 9406363699, -- Petitioner
Versus
| For the petitioner | : Raj Kumar Mishra in person. |
|---|---|
| For the State | : Mr. Ghan Shyam Patel, Govt. Adv. |
| For Respondent No.2 | : Mr. Vineet Pandey, Advocate |
Hon'ble Shri Justice Goutam Bhaduri
Order on Board
08. 01.2019
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made, the said accused was absconding. In the meanwhile, another case was registered against the said accused in another police station at Baikunthpur bearing Crime No.96/2017 for the offence u/s 341, 147, 294, 506, 353, 332 & 323 of IPC wherein he was arrested on 23.04.2017. Thereafter when the bail was preferred, an objection was made by the police against the grant of bail. However, it was not disclosed that the said accused was wanted in another case registered in Police Station Charcha vide Crime No.29/2017. The trial Court has granted the bail in Crime No.96/2017 and subsequently since the arrest was not done, the said accused was enlarged on bail in Crime No.29/2017 which was registered at Charcha. It is contended that since the police did not arrest the said Sanjay Agrawal as such a report was made to the Inspector General of Police and the Inspector General has directed for enquiry as to how it happened. Therefore, the request has been made as per the direction of I.G. Police the superintendent of Police may conduct the enquiry as to why the said Sanjay Agrawal was not arrested despite a case was registered against him.
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Crime No.29/2017 registered at P.S. Charcha u/ss 419, 420, 467, 468, 471 of IPC, the original documents were not available and there was no material available to arrest the said person namely Sanjay Agrawal, therefore, the arrest was not done. As such it appears that the compliance of the order of the I.G., by the Superintendent of Police was made and this Court at this stage will not usurp the administrative power of the functionaries or their power to investigate an offence and give a finding as to whether sufficient material was available on that date to arrest the said Sanjay Agrawal was not ? It is for the Police to conduct an enquiry of a particular offence. If the petitioner is still aggrieved, he may avail appropriate remedy available to him under the law.
Sd/-
GOUTAM BHADURI JUDGE
R a o
1 issue framed by the court
Whether the High Court should direct the Superintendent of Police to conduct an enquiry regarding an accused's failure to be arrested despite a case being registered against him.
1 provisions across 1 enactments
Rajkumar Mishra
State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
