Ashok Sharma Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Ashok Sharma Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Investigating Officer to conclude the investigation within six weeks and submit a Police Report under Section 173(2) of the CrPC before the Competent Court; Superintendent of Police/Senior Superintendent of Police to ensure fair investigation; petitioners to furnish a copy of the order to the SP/SSP within one week. The prayer for quashing the FIR was not decided on merits.

Issue for consideration

Whether the FIR registered against the petitioners bearing Crime No.460/2022 at Police Station Mungeli, District Mungeli for offences punishable under Sections 306 read with Section 34 of the Indian Penal Code, 1860, and further subsequent proceedings thereto, should be quashed and set aside. +1 more

Ratio / Principle

The concerned Investigating Officer is directed to conclude the investigation within a period of six weeks and submit a Police Report under Section 173(2) of the CrPC before the Competent Court in accordance with law.

Key takeaways

The concerned Superintendent of Police/Senior Superintendent of Police is directed to ensure that the investigation in the present case is carried out in a fair manner.ratio¶27
Petitioners are directed to furnish a copy of the order to the concerned Superintendent of Police/Senior Superintendent of Police within a period of one week for necessary information and compliance.ratio¶30

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (CRMP No. 392 of 2023, decided 15.07.2024, per Ramesh Sinha, Chief Justice; bench: Ramesh Sinha, CJ and Ravindra Kumar Agrawal, J). Petitioners (Ashok Sharma and Nidhi Mishra) sought quashing of FIR bearing Crime No.460/2022 registered at Police Station Mungeli, District Mungeli for offences punishable under Sections 306 read with Section 34 of the Indian Penal Code, 1860, and subsequent proceedings. Noting that although the FIR was lodged on 08.08.2022 the investigation had not been concluded even after nearly two years, and that the State stated investigation was still in progress, the Court did not decide the quashing prayer on merits but disposed of the writ petition directing the Investigating Officer to conclude the investigation within six weeks and submit a Police Report under Section 173(2) of the CrPC before the Competent Court, directing the Superintendent of Police/Senior Superintendent of Police to ensure the investigation is carried out fairly, and directing the petitioners to furnish a copy of the order to the SP/SSP within one week.

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 392 of 2023

1 - Ashok Sharma S/o Late Shri Radheshyam Sharma Aged About 63 Years, Retired Sub- Inspector Police Department,

2 - Mrs. Nidhi Mishra D/o Ashok Sharma Aged About 35 Years W/o Abhishek Mishra

Both R/o Nature City, Uslapur Tehsil Sakri, District : Bilaspur, Chhattisgarh

---- Petitioners

Versus

1 - State Of Chhattisgarh Through Officer- In- Charge, Police Station Mungeli, Tehsil Mungeli, District : Mungeli, Chhattisgarh

2 - Amit Mishra S/o Late Shri Omprakash Mishra Aged About 40 Years R/o Golbazar, Gandhi Ward, Police Station Mungeli, District Mungeli Chhattisgarh

---- Respondents

(Cause-title taken from Case Information System)

For Petitioners : Shri Mohit Kumar, Advocate

For Respondent/State : Shri Pankaj Singh, PL

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board

Per Ramesh Sinha, Chief Justice 15.07.2024

Heard Shri Mohit Kumar, learned counsel for the petitioner, and Shri

Pankaj Singh, learned Panel Lawyer for the State.

Present petition has been filed by the petitioners with the following

prayer:

“It is, therefore, prayed that this Hon’ble Court be pleased to quash and set-aside the impugned FIR (Annexure P-1) registered against petitioners bearing Crime No.460/2022

Crmp 392 of 2023

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registered at Police Station Mungeli, District Mungeli for offences punishable under Sections 306 read with Section 34 of the Indian Penal code, 1860; and further subsequent proceedings thereto, in the interest of justice.”

Learned counsel for the petitioner would submit that though the FIR was lodged on 08.08.2022, but till date, investigation has not been concluded. He further submits that as there is no interim order in the case, a direction be issued to expedite the investigation and submit the Police Report.

Learned State counsel would submit that investigation with respect to the above mentioned FIR (Annexure P1) is still in progress, and the same would be completed shortly.

Considering the facts and circumstances of the case, particularly the fact that the FIR was lodged on 08.08.2022, and almost two years are nearing to complete, and the investigation has not been completed till date, the concerned Investigating Officer is directed to conclude the investigation within a period of six weeks from today and submit a Police Report under Section 173(2) of the CrPC before the Competent Court in accordance with law, and the concerned Superintendent of Police/Senior Superintendent of Police, is directed to ensure that the investigation in the present case is carried out in a fair manner.

Crmp 392 of 2023

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Petitioners are directed to furnish a copy of this order to the concerned Superintendent of Police/ Senior Superintendent of Police within a period of one week from today for necessary information and compliance.

With the aforesaid observation and direction, the writ petition stands disposed of.

Sd/Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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