1 2025:CGHC:39781-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 420 of 2025 Dhruv Kumar Agrawal S/o Shri Mahaveer Prasad Agrawal Aged About 53 Years R/o Ward No. 5, Baradwar, District - Sakti (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 Station House Officer Police Station Baradwar, District - Sakti (C.G.) 3 - Satish Agrawal S/o Late Shri Hetram Agrawal Aged About 62 Years R/o Baradwar, District - Sakti (C.G.) 4 - Sushil Agrawal S/o Late Shri Hetram Agrawal Aged About 54 Years R/o Baradwar, District - Sakti (C.G.) 5 - Shantanu Agrawal S/o Satish Agrawal Aged About 35 Years R/o Baradwar, District - Sakti (C.G.) Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Prashant Dadsena, Advocate For State : Mr. Prafull N. Bharat, Advocate General along with Mr. S.S. Baghel, Dy. GA Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.08.11 10:30:46 +0530 2 Per Ramesh Sinha, Chief Justice 08/08/2025 1. The instant Writ Petition, filed under Article 226 of the Constitution of India seeks for following reliefs;- “a Kindly issue appropriate writ/order/direction, directing Respondents No. 2 to conclude the investigation in FIR No. 373/2020 and submitting the charge sheet/Final report before the Chief Judicial Magistrate Sakti, District- Sakti (C.G.) within a stipulated time bound manner which the court may deems fit; b. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case.” 2. The case of the petitioner is that the petitioner is the complainant of the case, who lodged the FIR against respondents No.3 to 5 for offence under Sections 409, 420 and 120B of the IPC. The police after investigating the matter has submitted a closure report before the Chief Judicial Magistrate, Sakti and the same was rejected by the Chief Judicial Magistrate, Sakti vide order dated 30.07.2024 and directed the concerned police station to investigate the matter further, prepare a charge-sheet and present it in the Court. Against the said order, respondents No.3 to 5 have preferred revision being Criminal Revision No.42/2024 before the Additional Sessions Judge, Sakti and same was rejected by the Additional Sessions Judge, Sakti vide order dated 10.01.2025 and despite the said fact till date, further investigation in the matter has not been concluded and hence, the petitioner has come up before this Court for expediting further investigation. 3 3. This Court by order dated 24/07/2025 directed the Superintendent of Police, Sakti to call an explanation from the Investigating Officer concern as to why the further investigation has not been concluded as ordered by the CJM, Sakti. 4. Pursuant to the aforesaid order, the Superintendent of Police Sakti filed the affidavit, wherein, it has been stated as under:- “2. That, the subject writ petition came up for hearing before the Hon'ble Court on 24.07.2025 and after hearing of this matter, the Hon'ble Court has been pleased to direct the Superintendent of Police, Sakti to call an explanation from the concerned investigating officer as to why further investigation has nct been concluded as was ordered by the Chief Judicial Magistrate, Sakti on 30.07.2024, therefore, in compliance whereof, the instant affidavit is being filed before this Hon'ble Court for its kind perusal and consideration. 3. That, in compliance of the Hon'ble Court's direction dated 24.07.2025, it is most humbly and respectfully submitted that, the office of the Station House Officer, Police Station Baradwar, District Sakti has sent a report on 06.08.2025 before the office of the Deponent regarding filing of the charge sheet in the subject crime number wherein, it has categorically been informed that, the Court of the Learned Chief Judicial Magistrate, Sakti has refused to accept the Closure Report filed in the subject crime number and has directed to investigate the crime point-wise and send the 4 charge sheet and the same was duly affirmed by the Court of the Learned Additional Sessions Judge, Sakti in Criminal Revision No. 42/2024 vide its order dated 10.01.2025. Copy of the report dated 06.08.2025, submitted by the SHO, PS Baradwar, District Sakti, is being annexed herewith as ANNEXURE R/1 for kind perusal of this Hon'ble Court. 4. That, it is humbly submitted that, in compliance whereof, after due completion of the investigation in the subject crime number by the various Investigation Officers, the final report/challan/charge sheet has been prepared on 20.03.2025 by the concened Investigating Officer and the same has duly been approved by the concerned District Prosecution Officer, Sakti and subsequently, the same has duly been submitter/filed before the concerned Chief Judicial Magistrate, Sakti on 02.08.2025. Copy of the relevant pages of the Final Report/Charge Sheet/Challan dated 02.08.2025, submitted/filed before the learned Chief Judicial Magistrate, Sakti, is being annexed herewith as ANNEXURE R/2 for kind perusal of this Hon'ble Court. 5. That, during the investigation, several Investigating Officers have investigated the subject crime number due to their frequent transfers and the action has been taken accordingly in the matter, therefore, the delay is caused in filing of the charge sheet before the learned Chief Judicial Magistrate, Sakti for which, a disciplinary action has been taken against such Investigating Officers by the office of the Deponent, as after considering all the 5 aspects of the matter and looking into the seriousness of the matter, the office of the Deponent has passed an order on 07.08.2025 whereby, the punishment of "Censure" has been recorded in the service book of the concerned Investigating Officers due to gross negligence towards their duties and the delay caused in filing of the Charge Sheet/Challan/Final Report before the concerned Jurisdictional Court below. Copy of the order dated 07.08.2025, is being annexed herewith as ANNEXURE R/3 for kind perusal of this Hon'ble Court. 6. That, the Deponent tenders her unconditional apology before this Hon'ble Court for any action which may have been done under a bonafide belief and the Deponent hereby undertakes and assures this Hon'ble Court that, she will be very careful and vigilant in future in making compliance of the orders/directions and/or filing of the Charge Sheet/Challan/Final Report before the concerned Jurisdictional Court below within the stipulated period and the same would not be repeated in future.” 5. From perusal of the aforesaid affidavit, it goes to show in the subject crime on completion of investigation by various Investigating Officers, the final report has been prepared on 20/03/2025, which has duly been approved by the District Prosecution Officer, Sakti and thereafter, the same has been filed before the Court of CJM, Sakti on 02/08/2025 vide Annexure-R/2. The affidavit further goes to show that in respect of delay caused by the Investigating Officers, notices have been issued to them 6 and after considering all the aspects of the matter imposed the punishment of censure. 6. At this juncture, learned counsel for the petitioner would submit that since the charge-sheet has been filed before the competent court on 02/08/2025, this petition may be disposed of. 7. In view of the above, this Writ Petition is disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri