SHAHEED MEMORIAL SOCIETY REGD Vs. STATE

JUDGEMENT

(1.) NOTICE. Mr. Akshay Bipin, Addl. Standing Counsel accepts notice on behalf of the State.

(2.) THE main grievance of the petitioners in the present writ petition relates to the tardiness with which the investigation in the instant case, which is instituted on the complaint of the petitioners, is being carried on. Mr. Akshay Bipin, learned Addl. Standing Counsel seeks to justify the slow speed at which the investigation is proceeding by submitting that it has not been possible for the Investigating Agency to proceed with the matter in view of the fact that the requisite documents have not been furnished by the petitioners to the investigators despite the same having been requisitioned from them long back. Mr. Luthra, the learned senior counsel for the petitioners states that without prejudice to his contention that the original documents relating to the forgery are in the possession of the accused in FIR No. 476/2006 and without prejudice to his further contention that all the documents mentioned in letter dated 29. 12. 2008 including those mentioned at serial Nos. 7, 9 and 10 are irrelevant for the purposes of investigation of the crime alleged to be committed in the instant case, the petitioners are ready and willing to place on record the originals of the documents mentioned in the letter dated 29. 12. 2008 and shall do so within two weeks.

(3.) IT is further pointed out by Mr. Luthra that by an order dated 24th august, 2007, a direction was issued to the Investigating Agency to make earnest efforts to conclude the investigation as early as possible and file a status report before the concerned Metropolitan Magistrate within six months from the date of the said order, that is, 24th August, 2007. Notwithstanding, the investigation has yet not been completed, though it is stated that status reports are being filed before the concerned Court with regard to the status of investigation. Be that as it may, in view of the snail's pace at which the present investigation is proceeding, it is again directed that the investigation shall be concluded by the Investigating Agency within a period of three months from the date of petitioners' placing the original documents on record, failing which the investigation shall be liable to be transferred to some other independent Investigating Agency. Needless to emphasize that the documents which are alleged to be forged shall forthwith be taken into possession by the investigating Agency in original, if not already taken into possession. The original documents filed by the petitioners shall be kept in a sealed cover in the custody of the Joint Registrar concerned. Writ petition stands disposed of with the above directions.