Order

HON'BLE MS. JUSTICE REKHA BORANA

1. The present writ petition has been filed with a prayer that respondent Nos. 2 and 3 i.e. the Police Authorities be directed to complete the investigation in Criminal Case No. 1934/2024 within a reasonable period and submit a report thereof to the learned Trial Court as directed vide order dated 15.04.2025 (Annexure-4).

2. Heard the Counsels. Perused the Record.

3. It is evident that vide order dated 15.04.2025, the learned Trial Court, after taking into consideration the documents as filed by the complainant along with the complaint, directed the Circle Officer, Bikaner to undertake thorough investigation and file the investigation/conclusive report by 22.05.2025. It is an admitted fact that the same has not been done till date.

4. This Court has come across several writ petitions been filed only on account of non-compliance of directions issued by the Magistrate for conducting investigation in pursuance to order passed under Section 156(3), Cr.P.C [175(3), BNSS]. It has been witnessed that in all such matters, despite specific direction of the Magistrate to carry out the investigation and file a conclusive report, neither is the investigation concluded within a reasonable period nor are the progress reports been filed for a long period.

5. This Court has noticed that in many of such cases, the proceedings remain pending before the Trial Court for years while mechanically fixing repeated dates calling upon the effective status/progress report from the investigating agency. As a consequence, litigants approach this Court in extra-ordinary jurisdiction calling for implementation of orders which otherwise fall within the supervisory domain of the concerned Criminal Court.

6. This Court feels constrained to observe that after a direction for investigation been issued by the Criminal Court in terms of Section 156(3), Cr.P.C., it does not become functus officio so as to keep on repeating the order-sheets to the effect that the progress/conclusive report is awaited.

7. Hon’ble the Apex Court in Sakiri Vasu Vs. State of U.P. & Ors., (2008) 2 SCC 409, observed that the Magistrate has wide powers not only to direct registration of First Information Report but also to ensure a proper investigation, and for this purpose, he can even monitor the investigation. The Court therein observed that no writ petition or petition under Section 482 Cr.P.C. should be entertained simply because a person has raised a grievance that proper investigation is not been done by the Police. Therein the remedy lies under Section 156(3), Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C..

8. But then, herein is a matter where the petitioner has already approached the competent Criminal Court and the Court has even directed the investigating agency to investigate into the matter. However, despite the said direction been made on 15.04.2025, no conclusive report has been filed in the matter till date, despite a period of more than one year having elapsed.

9. Section 173(1) Cr.P.C. [193(1) BNSS] provides that every investigation shall be completed without unnecessary delay.

10.1 Interpreting the above provision, Hon’ble the Apex Court in its recent judgment of Robert Lalchungnunga Chongthu alias R.L. Chongthu Vs. State of Bihar, AIROnline 2025 SC 1112 while considering the earlier judgment of Sovaran Singh Prajapati Vs. State of U.P., 2025 SCC OnLine SC 351 observed that, “process of investigation and trial must be completed with promptitude”. The Court observed that speedy trial would encompasses within its sweep all its stages including investigation, inquiry, trial, appeal, revision and re-trial – in short, everything commencing with an accusation and expiring with a final verdict. Therein, the Court while discussing the evolvement and development of the principle/concept of ‘prompt investigation’, observed and held as under:

“15. Moving further, it is to be noted that this aspect of prompt inve