Lowest court held a writ petition seeking fresh investigation in a criminal case is not maintainable under Article 226 as alternative statutory remedies exist to challenge the final police report before the Sessions Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 26 of 2020
Baidyanath Pandey…..….......
Petitioner(s)
Versus
Coram: Hon’ble Mr. Justice Ananda Sen
Through:-Video Conferencing
For the Petitioner : Md. Farooque Ansari, Advocate
For the State : Mr. Rishu Ranjan, AC to SC-III
4/05.10.2020 The lawyers have no objection with regard to the proceeding,
which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality
Learned counsel for the petitioner prays to ignore the defects and
take up the matter on merits.
Learned counsel for the petitioner undertakes to deposit the deficit court fees within two weeks from today. Rest of the defects stand ignored for the present.
In this application, under Article 226 of the Constitution of India, the petitioner prays for fresh investigation.
From the record and from the arguments, I find that an FIR was instituted being Daltonganj Town P.S. Case No. 261 of 2018, registered for the offence punishable under Section 302/34 I.P.C. After closure of the investigation, the police submitted final form exonerating the accused persons. Thereafter, the petitioner rushed to this Court praying for fresh investigation.
I feel that this writ application has been filed under Article 226 of the Constitution is not maintainable as the petitioner has got alternative statutory remedy by way of filing either a protest petition challenging the final report or a complaint petition after the final form is submitted before the court below. The petitioner should approach the court below and avail the remedy which is available to him as per the statute.
This criminal writ application stands dismissed with the aforesaid observation.
( Ananda Sen, J )
Mukund/-cp.3
2 issues framed by the court
Whether a writ petition seeking fresh investigation is maintainable in a criminal investigation after submission of final report when alternative statutory remedies are available.
Whether the petitioner is required to approach the court of sessions for challenging the final report rather than this Court under Article 226.
Baidyanath Pandey
The State of Jharkhand
Indrajeet Mahtha
Prem Nath
Umar Khan
Deepak Kr. Pandey
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
