Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3242
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 32 of 2024 1 - Bhaskar Guha S/o Late A.B. Guha Aged About 47 Years Presently R/o Transit No. 1, Shivnath Rest House, WRS Colony, Raipur, Distt. Raipur (C.G.) 492008
... Applicant versus 1 - Santosh Singh Superintendent Of Police, Distt. Bilaspur, SP Office, Bilaspur, Distt. Bilaspur (C.G.) 2 - Kamla Pusam, Station House Officer, P.S. Torwa, Distt. Bilaspur (C.G.)
... Respondents For applicant : Ms. Chetna Sharma, Adv. For Respondents : Mr. Jitendra Pali, Adv. (Hon’ble Shri Naresh Kumar Chandravanshi, J)
Order on Board 17-1-2025 1 This contempt petition under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India has been preferred by the applicant for non-compliance of order (Annexure C-1) dated 20-4-2023 passed in WPCR No. 212/2023. 2 Vide order (Annexure C-1)dated 20-4-2023 passed in WPCR No. 212/2023, learned Division Bench of this Court passed following order in para Digitally signed by AVANISH KUMAR PATHAK Date: 2025.01.21 11:15:23 +0530
2 5 and 6 as under :-
“5. Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we dispose of the writ petition with a direction to the Station House Officer, P.S. Torwa, District - Bilaspur / respondent No.3 to investigate the aforesaid F.I.R. within a period of six weeks from today and submit police report under Section 173(2) Cr.P.C. before the competent Court in accordance with law.
6. The Superintendent of Police, District - Bilaspur / respondent No.2 shall ensure the compliance of this order within the aforesaid period.” 3
Learned counsel for the applicant submits that, though police report in form of closure report has been filed by the respondent No. 2, but proper investigation has not been carried out by the police, therefore, contempt proceeding be drawn against respondents. 4 In reply, learned counsel for the respondents, referring to their return, would submit that, in compliance of the order (Annexure C-1), the matter has been investigated and on 5-10-2024, final report in form of closure report has been filed before the Judicial Magistrate First Class, Bilaspur. 5 Heard learned counsel for the parties and perused the material available on record. 6 Perusal of the order (Annexure C-1) dated 20-4-2023 passed in WPCR No. 212/2023 by learned Division Bench, shows that direction was given to the respondent No. 2 herein to investigate the FIR dated 29-4-2022 within six weeks and submit police report. As per Annexure R-1, respondent
3 No. 2 has investigated the matter and final report in form of closure report has been filed before the Judicial Magistrate First Class, Bilaspur. Thus, since the order under contempt has been complied with, therefore, no case for contempt against the respondents is made out. If the applicant is dissatisfied with the order Annexure R-1, then he may file appropriate proceeding for redressal of his grievance in accordance with law. 7 Accordingly, the rule issued to respondents is discharged and contempt proceeding is dropped. Sd/-
(Naresh Kumar Chandravanshi)
JUDGE Pathak