Chattisgarh High Court
Bhartendu Kumar Kamal vs State Of Chhattisgarh on 16 June, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 61 of 2022
Bhartendu Kumar Kamal S/o Shri Ganesh Ram Kamal, aged about 39
years, MIG 02, Pushp Vihar Colony, Behind Ravishankar Nagar, Dadar
Road, Korba, District Korba, Chhattisgarh.
---- Appellant
Versus
1. State of Chhattisgarh, through Secretary, Department of Home,
Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.
2. State of Chhattisgarh, through Secretary, Department of Panchayat
and Rural Development, Mahanadi Bhawan, Naya Raipur, District
Raipur, Chhattisgarh.
3. Inspector General of Police, Raipur Range, Raipur, Chhattisgarh.
4. Superintendent of Police Raipur, Chhattisgarh.
5. Station House Officer, Police Station, Civil Lines, Raipur, Chhattisgarh.
---- Respondents
(Cause Title taken from Case Information System)
For Appellant : Mr. Shashank Thakur, Advocate.
For Respondents : Mr. H.S.Ahluwalia, Deputy Advocate General
Hon'ble Mr. Arup Kumar Goswami, Chief Justice
Hon'ble Mr. Parth Prateem Sahu, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
16/06/2022
Heard Mr. Shashank Thakur, learned counsel, appearing for the
appellant. Also heard Mr. H.S.Ahluwalia, learned Deputy Advocate
General for the respondents.
2. This appeal is preferred against an order dated 07.12.2021
passed by the learned Single Judge in WP(Cr) No. 808 of 2021.
3. The writ petition was filed seeking a direction to the respondents
to comply with the order dated 08.08.2021 passed by the Judicial
Magistrate, First Class, Raipur, on the application filed by the petitioner
under Section 156(3) of the Code of Criminal Procedure, 1973 (for short,
the CrPC) and to register the First Information Report (for short, the FIR)
and to lodge the final report before the competent Court.
4. Prior to filing of the said writ petition, the petitioner had
approached this Court by filing WP(Cr) No. 545 of 2020. The said petition
came to be disposed of by order dated 06.11.2020 granting liberty to the
petitioner to approach the jurisdictional criminal court either under Section
156(3) or Section 200 of the CrPC.
5. Despite the order dated 09.08.2021 of the jurisdictional
Magistrate directing the Station House Officer, Civil Lines, Raipur to
register an FIR and to carry out the investigation in accordance with the
provisions contained in Chapter XII of the CrPC, no FIR was registered
and it is in that circumstances, the writ petition, out of which the present
appeal is preferred, came to be filed.
6. The learned Single Judge had dismissed the petition holding
that the present petition was not maintainable under Article 226 of the
Constitution of India.
7. During pendency of this appeal, FIR No 0225 of 2022 was
registered on 16.04.2022 for the offences punishable under Sections 420
and 468 of the Indian Penal Code.
8. We had required the presence of Mr. Prashant Agrawal,
Superintendent of Police, Raipur alongwith Mr. R.K.Mishra, the officer
who was holding the post of Station House Officer, Civil Lines, Raipur at
the relevant point of time and Mr. Satya Prakash Tiwari, T.I. Civil Lines,
Raipur, to explain why there was delay in registering of the FIR despite
there being an order of the jurisdictional Magistrate.
9. Mr. Thakur, learned counsel, appearing for the appellant
submits that now that the FIR has been registered, having regard to the
prayer made in the writ petition, no further adjudication is called for in this
appeal and the appellant would be satisfied if an observation is made that
in the event the appellant feels that the investigation is not carried out
earnestly, he may be permitted to approach this Court again.
10. Mr. Ahluwalia, learned Deputy Advocate General does not have
any objection to the prayer made by Mr. Thakur.
11. In view of the above submissions, the writ appeal stands
disposed of granting liberty to the appellant to approach this Court again
if investigation is tardy or not conducted in accordance with law.
Sd/- Sd/-
(Arup Kumar Goswami) (Parth Prateem Sahu)
CHIEF JUSTICE JUDGE
Amit
