W.P.No.1837/2007
21.04.2010
Shri Kumaresh Pathak, learned Dy. Advocate General for
respondents/State.
The instant public interest litigation was registered on the
basis of letter dated 29.12.2006 addressed to this Court. From perusal
of the letter, it appears that the grievance of the petitioner is that his
younger brother namely Chhotelal on 7.11.2006 was returning in a
tractor-trolley alongwith four other labourers from Village Dolaria to
Village Raisalpata. It is averred in the letter that an altercation took
place amongst them and rest of the labourers threw younger brother of
the petitioner from the tractor, as a result of which, he sustained
grievous injuries. Later on he was treated at Hoshangabad and Bhopal
and ultimately he succumbed to his injuries. In the aforesaid factual
backdrop, a prayer has been made that proper legal action may be
taken in the matter.
This Court vide order dated 12.2.2007 had directed that
copy of letter petition be furnished to the Government Advocate. When
the matter came up on 5.3.2010, once again a direction was given to
the Office to provide a photocopy of complaint by Monday. However,
again on 1.4.2010, learned Government Advocate informed that
despite this Court’s order, copy of letter petition has not been supplied
to him. Thereupon, we directed Registrar (Judicial) to enquire into the
matter and submit a report.
Pursuant to our order, an explanation has been furnished
which is found to be satisfactory. Therefore, the same is accepted.
Return has been filed on behalf of State in which it has been stated that
a complaint was made to M.P. Human Rights Commission (hereinafter
referred to as ‘the Commission’) on the basis of direction issued by
the Commission, the matter was got enquired by the Superintendent of
Police, Hoshangabad who conducted the enquiry and submitted the
report to the Commission. It has been averred in the return that no
further action has been taken by the Commission.
From perusal of the report, which has been submitted by the
Superintendent of Police, Hoshangabad dated 15.12.2008 to the
Commission, it is apparent that no investigation has been carried out in
the matter only on the ground that no F.I.R. was lodged by anybody.
It is astonishing to note that notwithstanding the fact that a
cognizance offence was brought to the notice of the authorities, yet no
F.I.R. was registered. In the facts and circumstances of the case, we are
of the opinion that concerned SHO ought to have registered the F.I.R.
and should have conducted the investigation.
We, therefore, direct the Superintendent of Police,
Hoshangabad and the concerned SHO to register the F.I.R. against the
persons who have been named in para 1 of the letter petition addressed
to this Court. The Concerned officer shall carry out the investigation
and shall submit a report under Section 173 of Code of Criminal
Procedure.
With the aforesaid direction, the writ petition stands finally
disposed of.
C.C. as per rules.
(S. R. Alam) (Alok Aradhe)
Chief Justice Judge
snb/-