Dilraj Singh Uikey vs. State Of Chhattisgarh
Held
The High Court of Chhattisgarh, Bilaspur, dismissed the writ petition. The Court found no good ground for further interference in the matter. The Court directed that it would be open to the Investigating Officer to submit the closure report before the Magistrate concerned within two weeks, if it had not already been submitted. The reasoning for dismissal was based on the Court's perusal of the pleadings and the prayer made in the petition, leading to the conclusion that no substantial grounds for intervention were made out. The operative direction was to allow the Investigating Officer to file the closure report expeditiously.
Facts
The petitioners, a group of individuals, filed a writ petition before the High Court of Chhattisgarh, Bilaspur. They sought to quash an undated order passed by the Superintendent of Police, Korba, constituting a Special Investigation Team (SIT) for the investigation of an FIR registered by the SHO, Kotwali Korba. The petitioners also prayed for a direction to the respondent authorities to not proceed further with the investigation. The petitioners' counsel submitted that although a closure report had been prepared by the Investigating Officer, it had not been presented before the concerned court. The petitioners' counsel had attempted to submit the closure report before the Magistrate, but it was not accepted. Therefore, they requested a direction for the expeditious filing of the closure report.
Key Issues
1. Whether the Court should quash the order passed by the Superintendent of Police, Korba, constituting an SIT for the investigation of FIR No. 0058/2022, and direct the respondents not to proceed further with the investigation. Petitioner's Argument: The petitioners argued that a closure report had been prepared by the Investigating Officer but had not been presented before the concerned court. They further contended that their attempt to submit the closure report before the Magistrate was unsuccessful. Therefore, they sought the court's intervention to direct the expeditious filing of the closure report and to halt further investigation. Respondent's Argument: The judgment does not record any specific arguments made by the respondent-State. However, the Court's dismissal of the petition implies that the State's position, as understood by the Court, did not warrant interference.
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No.293 of 2022
Dilraj Singh Uikey S/o Manohar Singh Uikey, Aged About 41 Years R/o Ward No. 14, Kauwatal Bhinjara, Bhijra Bhinjra, Korba Chhattisgarh. 495445
Amit Kumar Das S/o Amrit Das, Aged About 42 Years R/o B- 16 Powecity, Ayudhyapuri, Korba, District Korba, Chhattisgarh.
Ashok Banjare S/o Radheshyam Banjare, Aged About 26 Years R/o Satnamipara, Jarhagaon, Tehsil Jarhagaon And District Mungeli, Chhattisgarh.
Atmaram S/o Dukaalu Singh, Aged About 38 Years R/o Ward No. 14, Amlipara, Umreli, Tehsil Kartala, District Korba Korba Chhattisgarh.
Rakesh Sharma, S/o Shri Govind Sharma, Aged About 31 Years R/o 474 Rani Road, Dhanuwarpara Korba Tehsil And District Korba Chhattisgah.
Kalaram Yadav S/o Budduram Yadav Aged About 37 Years R/o Ward No. 01, 27 Kholi Vikas Nagar, Near Hanuman Mandir, Bilaspur, District Bilaspur Chhattisgrh.
Rajeshwar Singh S/o Late Vir Singh, Aged About 41 Years R/o Mahaveer Choek Sohagpur Teshil Kartala, District Korba, Chhattisgarh.
Gangarathi S/o Shri Sudheram, Aged About 43 Years R/o Kotwarpara, Pitampur Tehsil And District Mungeli
Dhan Singh S/o Late Ratan Singh Aged About 43
The judgment continues below.
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