1 2025:CGHC:32474-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2190 of 2025 Dwarika Dheemar S/o Late Sahetra Aged About 30 Years R/o Village- Khatoliya, Police Station- Takhatpur, District- Bilaspur (C.G.) ... Petitioner versus 1 - Superintendent Of Police, Kabirdham, District Kabirdham (C.G.) 2 - Station House Officer, Police Station- Kawardha, District- Kabirdham (C.G.) ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Sourabh Kumar Sharma, Advocate through video conferencing alongwith Mr. Jitendra Chandrakar, Advocate For Respondents/ State : Mr. Swajeet Singh, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 14/07/2025 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.15 10:41:21 +0530 2 1. Heard Mr. Sourabh Kumar Sharma, learned counsel through video conferencing alongwith Mr. Jitendra Chandrakar, learned counsel for the petitioner. Also heard Mr. Swajeet Singh, learned Panel Lawyer appearing for the respondents/ State. 2. The petitioner has filed this petition praying for following relief:- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow the petition and further be pleased to direct the respondent police authority to file charge-sheet of FIR bearing Crime No. 448/2024 registered at Police Station Kawardha, District Kabirdham (C.G.) on 06.07.2024 within stipulated period, in the interest of justice.” 3. The present petition has been preferred by the petitioner against the respondent police authorities who are not taking any action pursuant to the registration of First Information Report bearing Crime No. 448/2024 dated 06.07.2024 for the offence punishable under Section 304A of the IPC and giving shelter to the accused thereby allowing to perpetuate their illegal action by not filing charge-sheet in the matter. 4. Facts of the case in brief are that on 31.01.2024, at about 11:30 AM, while the deceased, Sahetra, was walking, he was struck by a motorcycle driven recklessly by one Rakesh Sanwra, resulting in grievous injuries. The deceased was rushed to D.K.S. Super Specialty Hospital, Raipur, where he succumbed to his injuries on 01.02.2024 at about 2:00 PM during treatment. Upon investigation, a cognizable offense under Section 304A of the 3 Indian Penal Code (causing death by negligence) was registered. Consequently, the Police Station Kawardha, District Kabirdham (C.G.) registered FIR bearing Crime No. 448/2024 on 06.07.2024 under Section 304A of India Penal Code against the accused, but the charge-sheet has not been filed till today even after passing 12 months. 5. Learned counsel for the petitioner submits that on account of the above incident, the petitioner lodged an FIR before the Police Station, Kawardha however, till date neither any action was taken against the accused nor the charge-sheet has been filed with respect to the FIR. He further submits that the petitioner has been caused significant metal agony and hardship due to prolonged delay in filing the charge-sheet, hence, the present petition. 6. Learned counsel for the State would not oppose the submission made by the counsel for the petitioner and submit that this petition may be disposed of with a direction to the respondent authorities to conclude the investigation and submit charge-sheet expeditiously. 7. We have heard learned counsel for the parties and perused the documents appended with the writ petition. 8. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties and particularly considering the fact that the charge-sheet has not been filed till date with respect to the FIR lodged by the petitioner 4 and no action has been taken towards the said FIR, the respondent authorities are directed to conclude the investigation of the present case and submit a police report under Section 173(2) of the CrPC (Now Section 193(3) of the BNSS) before the Magistrate concerned expeditiously, in accordance with law, if already not concluded, preferably within a period of six weeks from today. 9. The petitioner is directed to produce a copy this order to the investigating officer within a period of one week from today. 10. With the aforesaid direction, the instant Petition stands disposed of. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar/ Jyoti