Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14711-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 174 of 2025 Govind Raha S/o Haripad Raha Aged About 55 Years R/o Subhash Nagar, Bangali Colony, Boirdadar, Raigarh, District- Raigarh (C.G.)
... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Ministry Of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - The Director General Of Police, Chhattisgarh, Police Headquarters, Nava Raipur, Atal Nagar, Raipur (C.G.) 3 - The Superintendent Of Police, Raigarh, District- Raigarh (C.G.) 4 - The Station House Officer, Police Station- Chakradhar Nagar, Raigarh, District- Raigarh (C.G.) 5 - Nazrul Khalifa S/o Farid Khalifa Aged About 23 Years Presently R/o Village- Garsafat, Post And Police Station- Moyna, District- East Midnapore (West Bengal) 6 - Farid Khalifa Aged About 50 Years Presently R/o Village- Garsafat, Post And Police Station- Moyna, District- East Midnapore (West Bengal) 7 - Mst. Nazira Bibi, W/o Farid Khalifa Aged About 43 Years Presently R/o Village- Garsafat, Post And Police Station- Moyna, District- East Midnapore (West Bengal)
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Hari Agrawal, Advocate For Respondents/State : Mr. S.S. Baghel, Dy. Govt. Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.03.28 10:24:38 +0530
2 27 . 03 .202
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1. Heard Mr. Hari Agrawal, learned counsel for the petitioner as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondent Nos. 1 to 4.
2. The present writ petition has been filed by the petitioner with the following prayers :-
“a) A writ and / or an order in the nature of mandamus or any other appropriate writ do issue directing the Police authorities to investigate the FIR/Crime no. 501/2023 dated 01.10.2023 registered at Police Station- Chakradharnagar, Raigarh (C.G.) for offence under section 363 of IPC & further to file a Police Report under section 173(2) of Cr.P.C. [now under section 193(3) of BNSS] within a time frame as
directed by this Hon'ble Court in accordance with law. b) A writ and / or an order in the nature of Mandamus or any other appropriate writ do issue directing the Superintendent of Police, Raigarh to ensure that investigation in above [prayer (a)] Crime number be carried in a fair manner. c) Any other relief which this Hon’ble Court may deem fit in the facts & circumstances of case. d) Cost of the petition may also be awarded.”
3.
Learned counsel for the petitioner submitted that minor daughter of the petitioner was missing since 26.09.2023 and he has approached this Court by filing a writ petition Habeas Corpus bearing WPHC No. 15 of 2024, which was dismissed by this Court vide order dated 11.09.2024 on the ground that FIR of the petitioner has already been registered with
3 respect to missing of his daughter under Section 363 of IPC on 01.10.2023 before the concerned Police Station against unknown person. He further submitted that till date neither his daughter has been recovered nor investigation has been completed by the Police inspite of various correspondence being to the Police authorities.
4. Learned State counsel submits that investigation in the present case is under progress and the same would be completed shortly.
5. Considering the facts and circumstances of the case, particularly the fact that the FIR was lodged way back on 01.10.2023 and more than 1 ½ years have been elapsed, the concerned Investigating Officer is directed to conclude the investigation within a period of eight weeks from today and submit a Police Report under Section 193(3) of BNSS 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.
6. Petitioner is 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.
7. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra