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Judgment
M.R. Shah, J.—By way of this Special Criminal Application under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction or order directing respondent No. 2 - Police Inspector, Maninagar Police Station to either file the report or charge-sheet for the case pending against the petitioner in connection with the complaint being C.R. No. I-202/2001registered with the Maninagar Police Station.
In response to the notice issued by this Court, one Shri J.N. Jadeja, PSI, Maninagar Police Station is personally present in the Court and under his instruction, Shri Mengdey, learned Additional Public Prosecutor has stated that at the relevant time the concerned investigating officer did not submit the report and/or charge-sheet with respect to the aforesaid case. He has stated that now the papers are found out and appropriate report/charge-sheet shall be filed within a period of one week from today.
Concerned respondents are directed to act as stated herein above and submit appropriate report/charge-sheet (in case any case is found against the petitioners) with respect to the complaint being C.R. No. I-202/2001 registered with Maninagar Police Station within a period of one week from today.
However, before parting with the present order, it is observed that though the complaint is of the year 2001, the concerned investigating officer did not submit any report and/or charge-sheet and prima facie it is the case of total and sheer negligence and/or carelessness on the part of the concerned investigating officer. Because of the aforesaid non-action, one of the petitioner lost the job. If the appropriate report/charge-sheet would have been filed at the relevant time, in that case, such a situation would not have arisen. Under the circumstances, the inaction on the part of the concerned investigating officer is required to be inquired into departmentally by the Commissioner of Police and Shri Mengdey, learned Additional Public Prosecutor has assured the Court that appropriate report will be submitted to the Commissioner of Police pointing out inaction and/or negligence on the part of the concerned investigating officer so that appropriate departmental inquiry can be initiated.
With this, present petition is disposed of. Direct service is permitted. Copy of this order be made available to the learned Additional Public Prosecutor.