1 2025:CGHC:4879-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 47 of 2025 Prakash Kumar Sahu S/o Shri Maksudan Lal Sahu Aged About 24 Years R/o Village Semipali Urga, Post Kudurmaal, Tehsil And District Korba (C.G.). ... Petitioner versus 1 – State of Chhattisgarh Through Secretary, Department of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur (C.G.). 2 - The Superintendant of Police Office of Superintendent of Police Korba (C.G.). 3 - The Station House Officer, Police Station Urga, District Korba (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sanjay Patel, Advocate For Respondent-State : Mr. Shaleen Singh 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 28.01.2025 1. Heard Mr. Sanjay Patel, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the respondents/State. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.29 10:21:31 +0530 2 2. The present writ petition has been filed by the petitioner with the following prayers: “(I) it is therefore prayed that this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction to respondent No.3 to complete the investigation in relation to FIR bearing Crime No.558/2022 registered at Police Station Urga, Korba (CG) for offences punishable under Section 279, 337 of IPC and submit the Final report before the appropriate court of law, in the interest of justice. (ii) Any other relief which this Hon’ble Court may deem fit be granted.” 3. Brief facts of the case, are that, the petitioner along with his friend Suraj Patel on 05.10.2022 were travelling to Sitamadi Korba in motorcycle bearing registration number CG-12/BB/9213 and their friends Lawrence Panna and Prashant Mishra were also travelling on another motorcycle as they had went to drop Prashant Mishra at Sitamadi Korba. After dropping Prashant Mishra, the petitioner alongwith his Suraj Patel were returning back to their home situated at Village Semipali and motorcycle was being driven by Suraj Patel, at that relevant time, about 12.10 AM at night, when petitioner reached near turn of Barbaspur Housing Board Colony, an Eicher Mini Truck bearing 3 registration number DL-01/LV/8633 which was coming from Champa side and was going towards Korba driving rashly and negligently dashed petitioners’ motorcycle and causing accident of petitioner and Suraj Patel causing grievous injuries to them. The news of the accident was given to Ghanshyam Lal Sahu who is the brother of petitioner, who immediately reached the scene of accident and took petitioner and Suraj Patel to Hospital for treatment. Thereafter an FIR bearing crime No.558/2022 was lodged by brother of the petitioner, namely Ghanshyam Sahu to Police Station Urga, Korba for offences punishable under Section 279, 337 of the IPC on 05.10.2022 and petitioner was under impression that investigation would have been concluded and final report would have been filed by the Police Station Urga Korba as the same was required by petitioner for the purpose of seeking claim under the Motor Vehicle Act. On 18.11.2024, the petitioner went to the office of Respondent No. 3 for documents pertaining to the FIR bearing Crime No. 558/2022 for the purpose of filing claim, however no reply was given by the police of Police Station Urga Korba. Since no positive reply was given by respondent No. 3, the petitioner on same day i.e. 18.11.2024 made an application under Right to Information Act, 2005 before the office of respondent No. 2 seeking information regarding the proceedings carried out in the FIR bearing Crime No.558/2022. On 07.12.2024, the petitioner has received the reply mentioning that investigation with regard to FIR bearing Crime No.558/2022 is still pending and all the documents and information shall be provided after conclusion of the investigation. 4 4. Learned counsel for the petitioner submits that there is lackadaisical approach of respondent No. 3 in not completing the investigation even after passing of more than 2 years, which shows casualness approach of police towards the public in general. He further submits that even after passing of more than 2 years, no action has been taken on the FIR lodged by petitioner’s brother regarding accident of the petitioner, he is not able to seek claim under the Motor Vehicles Act, 1988. It has been contended that for filing of claim petition, the petitioner is required the final report of the police as the same shall contain the details of the offending vehicle, the driver’s details and insurance company’s details, which are necessary for filing of claim petition and in absence of the same, the claim petition could not be filed, but till date, Police has not filed the Final Report, hence, a direction be issued to the respondent authorities to complete the investigation as early as possible. 5. On the other hand, learned State counsel opposes the prayer made by the learned Senior Advocate for the petitioner and submits that in the present case charge-sheet has not been submitted before the competent Court as the investigation is still going on. 6. We have perused the prayers and pleadings made in the writ petition along with the annexures annexed in this case. 7. Considering the facts and circumstances of the case and from perusal of the impugned FIR, it is apparent that the FIR has been lodged on 05.10.2022 and even after passing of more than 2 years, no 5 action has been taken on the FIR, we direct the concerned Superintendent of Police / Senior Superintendent of Police to ensure that the investigation of the present case be concluded expeditiously prefereably within a period of 6 weeks from the date of receipt of certified copy of this order, if already not concluded and submit a Police Report under Section 173(2) of the Cr.P.C. (now under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) before the competent Court in accordance with law. 8. Learned State counsel is directed to furnish a copy of this order to the concerned Superintendent of Police / Senior Superintendent of Police for necessary information and compliance forthwith. 9. With the aforementioned observations/directions, instant writ petition is disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu