Madhya Pradesh High Court
Sanjay Bhadauria vs The State Of Madhya Pradesh on 11 July, 2019
1 MCRC-10589-2013
The High Court Of Madhya Pradesh
MCRC-10589-2013
(SANJAY BHADAURIA Vs THE STATE OF MADHYA PRADESH)
6
Gwalior, Dated : 11-07-2019
Shri Praveen Mishra, learned counsel for the petitioners.
Shri A.S. Ghuraiya, learned Public Prosecutor for the respondent
No.1/State.
Shri Aditya Sharma, learned counsel for the respondents No. 2 and 3. Challenge in this petition u/S. 482 CrPC is to the FIR bearing Crime No. 571/13 registered at Police Station Gole Ka Mandir district Gwalior against both the petitioners alleging offence punishable u/S. 420 IPC.
The gravement of the charges are that petitioners sold a house situated at Gwalior to the complainant which was already mortgaged in favour of two different nationalized banks to secure loans taken by some other persons. FIR further discloses that petitioners had purchased the plot by offering their respective bids which were ultimately accepted in an auction conducted by the Government on behalf of Punjab National Bank for recovery of outstanding loan amount.
It is not only surprising but shocking to find that investigation in the matter has been kept pending since last nearly five and a half years since registration of FIR on 28.11.2013 by Police Station Gole Ka Mandir District Gwalior.
State counsel after seeking instruction informs that the said investigation continues to be pending till date. Report requisitioned through the Registry by this court from the Judicial Magistrate First Class Gwalior received on 25.06.2019 reaffirms this position.
Admittedly the scheme of CrPC does not provide for a particular time frame within which the police is required to conduct investigation but that does not give a license to the Police Authorities to keep investigation pending for as long as nearly six years.
2 MCRC-10589-2013 The affidavit of SP Gwalior is directed to be filed in this respect as to why the charge-sheet or closure report as the case may be, has not been filed before the Magistrate and whether any penal action has been taken against the erring officers/Investigating Officer or not ?
Let the needful be done before the next date of hearing.
List on 17th July, 2019.
(SHEEL NAGU) JUDGE ojha YOGEND RA OJHA 2019.07.1 1 15:41:42
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