Disposed

Manik Das Manikpuri v. the State of Chhattisgarh

Chhattisgarh HC14 Aug 2023WPCR/138/2023

Case brief

AI extract

What is this about?

In this writ petition, petitioner sought an order to file a police report in a pending criminal investigation where the accused was absconding. The High Court directed the Superintendent of Police to call an explanation from the investigating officer regarding the delay and ordered the investigation be concluded within three weeks.

What did the court decide?

Directed Superintendent of Police to call explanation from I.O. regarding delay and conclude investigation within three weeks; disposed of writ petition.

Manik Das Manikpuri Vs the State of… — Civil Procedure and Limitation | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPCR No. 138 of 2023

¶5

Manik Das Manikpuri, S/o Late Chudamani Das Manikpuri, Aged About 47 Years, R/o Vivekanand Nagar, Near Durga Pandal, Mopka, P.S. Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh.

¶6

---- Petitioner

¶7

Versus

¶8

The State Of Chhattisgarh, Through The Principal Secretary, Home Deparment, Mantralaya, Naya Raipur, Chhattisgarh.

¶9

The Superintendent Of Police, District Bilaspur, Chhattisgarh.

¶10

Station House Officer, Police Station Sarkanda, Bilaspur, Chhattisgarh.

¶11

---- Respondents

¶12

For Petitioner Mr. Sunil Kumar Soni, Advocate For State/Respondent Mr. Gurudev I. Sharan, G.A.

¶13

Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice N. K. Chandravanshi

¶14

Order on Board

¶15

Per Ramesh Sinha, Chief Justice

¶16

14.08.2023

¶17

Heard Mr. Sunil Kumar Soni, counsel for the petitioner and Mr. Gurudev I. Sharan, G.A. for the State.

¶18

The petitioner has sought for the following reliefs:-

¶19

“10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate Writ Commanding Respondents to file challan before the concerned

¶20

¶21

Magistrate in FIR No.870/2020 under Section 420, 467, 468, 471 read with 34 of the Indian Penal Code, scrupulously.

¶22

10.2 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in the given facts and circumstances of the case. ”

¶23

The present petition has been filed by the petitioner/complainant for completing the investigation in pursuance of the FIR lodged against the private respondent.

¶24

On query being made to State counsel as to why the investigation has not been concluded in the present case, then it has been stated by him that the private respondent Vipin Garg is absconding.

¶25

There is another petition bearing CRMP No.440/2021 filed by the accused/respondent Vipin Garg, which is connected with the present petition, which is for the quashing of FIR and there appears to be no interim order passed by this Court in that petition.

¶26

Mr. Achyut Tiwari, learned counsel appearing for the petitioner in CRMP No.440/2021, has also stated that the private respondent/accused has also filed an anticipatory bail application, which has been rejected by the learned Single Judge of this Court bearing MCRCA No.1380/2020 vide Order dated 20.01.2021.

¶27

¶28

It is very alarming that as to why the investigating officer has not yet filed the police report under Section 173 (2) of Cr.P.C when there was no interim order passed by this Court or any other court of law staying the investigation.

¶29

The Superintendent of Police Bilaspur is directed to call an explanation from the investigating officer as to why the investigation has been kept pending since lodging of FIR dated 18.09.2020. The explanation shall be called for from the Investigating Officer concerned and what action has been taken against the Investigating Officer concerned in accordance with law, and the same will be intimated to the Registrar General of this Court, who shall place the same before us for perusal.

¶30

However, the investigation shall be concluded within a period of three weeks from today and submit a police report under Section 173(2) of the Cr.P.C. before the competent Court in accordance with law.

¶31

In view of the same, the writ petition stands disposed of.

¶32

Sd/Sd/-

¶33

(N. K. Chandravanshi) (Ramesh Sinha) Judge Chief Justice

¶34

Deepti Jha

Manik Das Manikpuri v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Manik Das Manikpuri v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of C.G. Vs Mangli Bai

Subhash Agrawal Vs State of Chhattisgarh

Ashok Kumar Awasthi Vs the State of Chhattisgarh

Virendra Pandey Vs Union Of India

Gurudev Shree Ram Bahuddheshiya Shaikshnik Va Samajik Sanstha And Ors. Vs State Of Chhattisgarh And Ors.

Nitin Singhvi Vs State of Chhattisgarh