ARUN DEV BISHT Vs. STATE OF H P

JUDGEMENT

(1.) Present petition has been filed, seeking permission to file objection to the closure report, filed by the State Vigilance, in case F.I.R. No.9 of 2013, dated 17th Oct., 2013, registered in Police Station State Vigilance & Anti Corruption Bureaou, South Range, Shimla, H.P., on the ground that the F.I.R. was lodged by Mr.Kushal Sharma, the then Superintendent of Police, Vigilance, on the information supplied by the petitioner and as per Sec. 173 (2)(ii) Crimial P.C. the Investigating Officer has also to communicate about the action taken by him on the F.I.R. to the person, if any, by whom the information relating to the commission of offence was first given.

(2.) In present petition, the petitioner has submitted that on filing of closure report, a notice was issued by learned Special Judge (Forest), Shimla, H.P., to the complainant Kushal Sharma (the then S.P. Vigilance), for 30th Nov., 2018 and on that day, after recording his statement, the closure report was listed for consideration on 20th Dec., 2018. Present petition has been filed on 11th Dec., 2018 i.e. before the date fixed for consideration and closure report, by the Special Judge, Forest, Shimla, H.P.

(3.) The provisions of Sec. 173 (2) (ii) Crimial P.C. enjoins duty upon the officer, to communicate the person, by whome the information relating to the commission of offence was first given so as enabling such informant, if intends to do so, may join the proceedings of closure report and file objection, if any, before the concerned Magistrate/Judge.