The State is obligated to conduct a fair and timely investigation into criminal cases under Article 226 of the Constitution.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

I.A. No.11044 of 2023

Heard the parties.

Learned counsel for the petitioner does not press this interlocutory application.

Accordingly, this Interlocutory Application is rejected as not pressed.

W.P.Cr. No.306 of 2023

Heard the parties.

2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) for investigation of Tandwa P.S. Case No. 293 of 2022 properly, fairly, impartially and rapidly by the concerned police station.

3. The brief facts of the case is that the writ petitioner- who is the informant of Tandwa P.S. Case No.293 of 2022 registered for the offences punishable under Sections 323/504/506 of Indian Penal Code and under Section 3(i)(c), 3(i)(e), 3(i)(w), 3(1)I, 3(1)(z) of SC/ST (POA) Act 1989; upon the complaint of the informant being (SC/ST) Complaint Case no.40 of 2022, being referred to police under Section 156(3) of Cr.P.C., and investigation of the case is going on.

4. Learned counsel for the petitioner submits that before filing the complaint case, the informant approached the police on 19.11.2022 but police were not inclined to register the case. It is next submitted that even after registration of the FIR, police is not investigating the case, hence, it is submitted that prayer as prayed for, in this writ petition, be allowed.

5. Learned counsel appearing for the State submits that the state is duty bound to investigate each and every case instituted, fairly, impartially and expeditiously and in this case charge sheet has been submitted in respect of one accused person but the investigation is going on against rest of the accused persons of the case, hence, respondents are duty bound to investigate the Tandwa P.S. Case No.293 of 2022 and will take the investigation to its logical conclusion.

6. Having heard the rival submissions made at the Bar and after considering the aforesaid facts; as substantial period of time has already been elapsed since the date of registration of the FIR, as well as the date of submission of the first charge sheet on 31.12.2023, hence, this writ petition is disposed of with a direction to respondents to ensure expeditious investigation of the Tandwa P.S. Case No.293 of 2022 in accordance with law and take the investigation to its logical conclusion and submit Final Report preferably within a period of three months from the date of receipt of this order.

7. This W.P. (Cr.), is disposed of with the aforesaid direction accordingly.