1 2025:CGHC:59636-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 614 of 2025 Harvinder Singh Gulati S/o Late Amar Singh Aged About 55 Years R/o Agrasen Marg Korba, District Korba, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer Of Police Station Kotwali, District Korba Chhattisgarh 2 - Michael Liv S/o Shri Gunkiyan Aged About 55 Years (C.E.O. Of Dao Ev. Tech Pvt. Ltd.) R/o Puna Tahsil And District Puna Maharashtra, C/o Achutani Balakrishna Murthy, Current Address - Flat No. 401, Akash Apts Aziz Bagh, Dd Colony Bagh Amberpeth Hyderabad - Telengana Pin No. 500013 3 - Vinay Nigam S/o Mahesh Chandra Nigam Aged About 64 Years R/o Puna Tahsil And District Puna Maharashtra, (Current Address - 703 Royal Kassia, Parandwal Chowk Near Nandini Medical, Dehu - Pune Maharashtra Pin 412109 4 - Mahendra Dinkar S/o D Y Dinkar Aged About 56 Years Puna Tahsil And District Puna Maharashtra (Current Address 1-2-337, Flat No. 001, SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.12.10 10:48:14 +0530 2 Gagan Mahal Apartments, Phool Baghl Domalgudu, Himayath Nagar Hyderabad (Telengana) Pin 500029 5 - Satya Nagalingam S/o Shri Nagalingam Aged About 29 Years Puna Tahsil And District Puna Maharashtra, C/o Achutani Balakrishna, Murthy, Current Address - Flat No. 401, Akash Apts. Aziz Bagh, Dd Colony Bagh Amberpeth Hyderabad - Telengana Pin No. 500013 6 - Rohit Patil S/o Shivaji Patil Aged About 35 Years Puna Tahsil And District Puna Maharashtra, Current Address - Bhagya Nagar, 1st Cross H. No. 744, Belagaum (Karnataka) Pin 590006 7 - Achutani Patil @ Achutani Balaji S/o Achutani Balakrishna Murti Aged About 63 Years Puna Tahsil And District Puna Maharasthra, Current Address Flat No. 401, Akash Apts. Aziz Bagh, Dd Colony Bagh Amberpeth Hyderabad - Telengana Pin No. 500013 ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Anshul Tiwari, Advocate For Respondent/ State : Mr. S.S. Baghel, Dy. Govt. Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 09/12/2025 1. Heard Mr. Anshul Tiwari, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, learned Dy. Govt. Advocate appearing for the respondent/ State. 2. The present petition has been filed by the petitioner praying for the following relief:- 3 “1. That, this Hon'ble Court may kindly be pleased issue a writ/writs, order/orders, direction/directions, directing the respondent to file the chargesheet or final report in connection with FIR No. 646/2023 registered in Police Station Kotwali, District: Korba, Chhattisgarh on dated 29.10.2023 under section 420, 34 of Indian Penal Code, 1860, before the competent Court within a time specified by this Hon'ble High Court. 2. That, this Hon'ble Court may kindly be pleased to grant any other relief(s), the Hon'ble Court may kindly be please to grant any other relief which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. The petitioner by the way of instant petition is not challenging any particular order of any authority but, seeking direction of this Court towards the respondent police authority to file a charge sheet or final report in connection with FIR No. 646/2023, dated 29.10.2023 registered at Police Station Kotwali, District: Korba, Chhattisgarh under section 420, 34 of Indian Penal Code, 1860. 4. Facts of the case in brief are the complainant entered into business transactions with the accused persons of DAO EV Tech Pvt. Ltd., Pune, who induced him to invest approximately Rs.23,00,000/- from 04.07.2023 onwards on the assurance of providing dealership and supply of electric vehicles. Relying on their representations, the complainant made several bank transfers in favour of the company and its representatives. However, despite repeated assurances, no vehicles were supplied, nor were the agreed commitments fulfilled. The accused persons subsequently avoided communication and failed to return 4 the complainant’s money, thereby disclosing their fraudulent intention from the very beginning. Consequently, the complainant lodged FIR No. 646/2023 dated 29.10.2023 at Police Station Kotwali, District Korba, under Sections 420 and 34 IPC. Even after more than two years, the Investigating Officer has not filed the charge sheet/final report before the competent Court. 5. Learned counsel for the petitioner submits that there has been an unjustified delay of more than two years in filing the charge sheet in respect of FIR No. 646/2023, which has effectively denied the petitioner and the public, their right to timely criminal proceedings. Such delay violates Articles 14 and 21 of the Constitution, as a fair and speedy investigation is an essential part of lawful procedure. The prolonged inaction also harms the investigation because evidence may get lost or tampered with, and the accused may take advantage of the situation. He further submits that although the petitioner filed an RTI application and sent a representation on 25.07.2025 seeking information, no details of the investigation have been provided by the police, showing clear negligence on their part. Therefore, it is prayed by the learned counsel that appropriate direction may be issued towards the Investigating Officer to complete the investigation at the earliest and file the charge sheet before the competent Court. He further submits that till date neither any action was taken against the accused nor the charge-sheet has been filed with respect to the FIR. He would also submit that the petitioner has been caused significant metal 5 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. Having considered the entire facts and circumstances of the case and the submissions advanced by learned counsel for the parties, it is evident that FIR No. 646/2023 was registered on 29.10.2023, and despite the lapse of more than two years, the investigation has not been concluded nor has the charge-sheet been filed before the competent Court. The prolonged pendency of investigation in a case alleging cheating of a substantial amount not only prejudices the complainant but also undermines the object and efficacy of the criminal justice system. Thus, this Court is of the opinion that appropriate directions are required to ensure expeditious conclusion of the investigation. 9. Accordingly, the present petition stands disposed of with a direction to the concerned Investigating Officer of the present case to conclude the investigation in FIR No. 646/2023 and submit final report, if any, under Section 173(2) of the 6 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. 10. The petitioner is directed to produce a copy this order to the investigating officer within a period of one week from today. 11. With the aforesaid direction, the instant Writ Petition stands disposed of. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar