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2003 DIGILAW 1214 (RAJ)

Bheru Ram S/o Goma Ram v. State of Rajasthan

2003-08-28

HARBANS LAL

body2003
JUDGMENT 1. - This petition u/s. 482 Cr.P.C. has been filed by Bheru Ram, the complainant for issuing directions for expeditious investigation in FIR No. 95/02 P.S. Sri Madhopur Distt. Alwar which was lodged by him for the offences u/ss. 447, 341, 323 IPC on 16.6.2002. 2. The grievance of the petitioner is that the police has not submitted the report u/s. 173 Cr.P.C. after completion of investigation, even after expiry of a period of more than an year since the lodging of the FIR. 3. Learned Public Prosecutor has also no objection to the issuing of directions for expeditious completion of investigation. 4. The investigation of a case by the officer-in-charge of the police station under Chapter XII of the Code of Criminal Procedure, 1973 is a part of his public duty and he is under legal obligation to conduct investigation expeditiously and to submit the report u/s. 173 Cr.P.C. without unnecessary delay. The object of investigation is to find out whether the alleged offence has been committed or not and who are the offenders responsible for the commission of the offence. Section 468 Cr.P.C. prescribes the period within which cognizance of the offence may be taken. If the investigation of the case is unnecessarily delayed and the report u/s. 173 Cr.P.C. is filed after the expiry of the prescribed period of limitation, the very object of registration and investigation of the case would be defeated and rendered nugatory. The instant case, is a summons case and a period of more than one year has already elapsed. Section 167(5) Cr.P.C. provides that if in any case triable by Magistrate as summons case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the period of six months is necessary. This provision also clearly indicates that the investigation should be completed expeditiously and without unnecessary delay. Since the investigation has not been completed in this case even after the lapse of one year, the grievance of the petitioner appears to be just, reasonable and well founded. This provision also clearly indicates that the investigation should be completed expeditiously and without unnecessary delay. Since the investigation has not been completed in this case even after the lapse of one year, the grievance of the petitioner appears to be just, reasonable and well founded. So directions for expeditious completion of investigation and filing of report u/s. 173 Cr.P.C. are required to be issued to the police for securing the ends of justice. 5. In the result, this petition is allowed and it is hereby directed that the concerned SHO/IO shall complete the investigation of the case expeditiously and submit the result of investigation u/s. 173 Cr.P.C. before the concerned competent Court. The Superintendent of Police, Sikar is also directed to look into this case and to issue necessary directions to the concerned subordinate officers and to ensure expeditious investigation of the case and submission of the report u/s. 173 Cr.P.C. in the concerned Court. 6. The petition is disposed of accordingly.Petition disposed of. *******