Chattisgarh High Court
Dhruv Kumar Agrawal vs State Of Chhattisgarh on 8 August, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2025:CGHC:39781-DB
Digitally
signed by
NAFR
RAHUL
RAHUL JHA
JHA Date:
2025.08.11
10:30:46
+0530 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
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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.
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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
4charge 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
5aspects 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
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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