Devendra Singh Parmar vs The State Of Madhya Pradesh
2021 Latest Caselaw 849 MP

                                    1                          MCRC-9925-2021
        The High Court Of Madhya Pradesh
                  MCRC-9925-2021
       (DEVENDRA SINGH PARMAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

3
Gwalior, Dated : 18-03-2021
      Shri M.L. Yadav, Advocate for the applicant.
      Shri B.P.S. Chauhan, Govt. Advocate for the respondent/State.

On 22.02.2021 statement was made by the State counsel that instructions have been received from concerning Police Station that Closure Report has been filed, but the State counsel was unable to point out the date

and particulars regarding the Closure Report and accordingly, the case was adjourned. On 01.03.2021 also, statement was made by the State counsel that the Closure Report will be filed before the Court within a period of one week, therefore the case was adjourned for 08.03.2021.

Today SHO Police Station, Thatipur, Distt. Gwalior has filed his affidavit mentioning that the Closure Report is ready and shall be filed within one week.

It is surprising that Police Officers are taking the matter so lightly. On 22.02.2021, a statement was made by the State counsel that the Closure

Report has been filed. Thereafter, on 01.03.2021 a statement was made that the Closure Report will be filed within one week. Now, compliance report has been filed stating that the Closure Report will be filed within one week. The explanation given by the SHO, Police Station Thatipur, Distt. Gwalior is not satisfactory. On the contrary, it shows the hostile attitude of SHO Police Station, Thatipur Distt. Gwalior.

So far as the Final Report is concerned, it is prerogative of Investigating Officer to file either Closure Report or Charge sheet. Once the Closure Report is filed, then in the light of the judgment passed by the Supreme Court in the case of Bhagwant Singh v. Commissioner of Police and Another reported in AIR 1985 SC 1285, Magistrate is required to issue notice to complainant and after hearing the complainant, the Magistrate 2 MCRC-9925-2021 has jurisdiction either to accept the Closure Report or reject the Closure Report and take cognizance of the offence or to direct for further investigation. It is the case of the respondents that the Closure Report has been prepared and non-filing of the closure report and making false statement before this Court clearly shows the intention of the SHO is that no further proceedings may be taken against the suspects by the Magistrate upon filing

of the Closure Report.

Under these circumstances, Inspector General of Police, Gwalior Region, Gwalior is directed to look into the matter and take necessary action against the Investigating Officer as well as S.H.O. Police Station, Thatipur, Distt. Gwalior and file his action taking report by the next date of hearing.

List this case on 1st of April, 2021.

(G.S. AHLUWALIA) JUDGE

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ABDUR RAHMAN 2021.03.19 10:02:13 +05'30'