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Judgment
Shiva Kirti Singh, J.—Heard Learned Counsel for the petitioners and Learned Counsel for the State. Petitioner No. 2. Punam Kumar Mishra is the informant of Mithanpura P.S. Case No. 40/2002 dated 11.3.2002 lodged for an offence u/s 366A of the I.P.C, against unknown persons. The victim who is daughter of petitioner No. 2 was recovered on 25.5.2002 and her statement u/s 164 Cr. PC. was recorded on 28.5.2002. The same has been annexed as Annexure-3 to show that she has named several persons with allegations to show their involvement in the offence.
It further appears that another criminal case was instituted by petitioner No. 1, a Society whose Secretary is mother of the victim of earlier case. This case was initially lodged through a complaint petition against some persons who were named by the victim in the earlier case also. The complaint case was referred to police u/s 156(3) of the Cr. PC. leading to Mithanpura P.S. Case No. 29/2004 for offence under Sections 406, 408, 420, 467, 468, 471/120(B) of the I.P.C.
The grievance of the petitioner is that some of the accused who were named by the victim in her statement u/s 164 Cr. P.C. have not been arrested by the police and investigation against them is being delayed unnecessarily. In respect of second case for which F.I.R. was lodged some times after 21.2.2004 the petitioners have raised a similar grievance.
During investigation of a criminal case by the police there may arise a situation where defence of the accused may have to be investigated, but this should not cause unnecessary delay in concluding the investigation. Usually and delay in concluding the investigation ultimately helps the accused persons.
Considering the long pendency of investigation in connection with Mithanpura P.S. Case No. 40/2002, the concerned 1.0. and Supervising Officers are directed to take steps to conclude the investigation in accordance with law at an early date preferably within three months from the date of production/communication of a copy of this order. The investigation of Mithanpura P.S. Case No. 29/2004 should also be concluded in accordance with law at an early date preferably within six months. It goes without saying that required steps shall be taken by the police in accordance with law against those who appear to be responsible for the offence alleged. The writ petition is disposed of.