Jagdish Kumar vs State of H.P. and Others

Surjit Singh, J.—Heard and gone through the record.

Two cases, vide FI Rs No. 183 and 184, were registered at Police Station Ghumarwin against Respondent No4, Pradhan of a Gram Panchayat. Cases have been registered, on the allegations that Respondent No. 4 has embezzled Panchayat funds and to cover up the embezzlement, she has forged the record of the Panchayat. So, cases have been registered, u/s 406, 409, 420 and 467 of the Indian Penal Code. Though both the cases were registered on 14th October, 2009, no progress had been made in investigation, till the filing of the present petition. Date of the filing of the present petition is 13th May, 2010. It was in June this year that in one of the two FI Rs specimen writings of Respondent No. 4 were taken and sent to Handwriting Expert at Junga, for comparison with the allegedly forged writings/signatures. Reason for inaction on the part of Ghumarwin police, as alleged in the petition, is that husband of Respondent No. 4 is working as Sub Inspector in Police Department and earlier he was posted at Bilaspur. So, prayer has been made for transfer of the case to State CID or to the CBI.

It is not denied on behalf of Respondents No. 1 to 3 that no progress had been made in investigation of either of the two FI Rs, till the filing of the present petition. No justifiable reasons have been given.

Looking to the facts of the case, as also the fact that there is tardy progress in the investigation of one of the two FI Rs and there is absolutely no progress in the second FIR and no explanation has been offered by Respondents No. 1 to 3, cases are ordered to be investigated by the State CID. A Police Officer not below the rank of Inspector and who does not hail from Bilaspur District, shall investigate the cases.

Petition stands disposed of accordingly.