Petitioner sought a writ directing investigation entrustment to CBI. Court noted existence of a pending protest petition and observed that petitioner's grievance can be addressed in the concerned court. Petition disposed of with this observation.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(Cr.) No.332 of 2012
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Binod Kumar Mallah , Advocate, son of Sri Sita Ram Mallah, resident of Village Khijuria, P.S.Dumka (Town) PO Dumka, District Dumka, Jharkhand
….. Petitioner
-- Versus --
1.The State of Jharkhand through its Chief Secretary, Secretariat, Project Bhavan, HEC Compound, PO Dhurwa, PS Dhurwa, District Ranchi 2.The Secretary, Home Department, Government of Jharkhand, Secretariat, HEC Compound, PO Dhurwa, PS Dhurwa, District Ranchi 3.The Director General of Police, Home, Secretariat, HEC Compound, PO Dhurwa, PS Dhurwa, District Ranchi
4.The Inspector General of Police, Santhal Paragana Division at Dumka, PO Dumka, PS Dumka, District Dumka, Jharkhand
5.Director General of Police, Santhal Paragana Division at Dumka, PO Dumka, PS Dumka, District Dumka, Jharkhand
6.The Superintendent of Police, Dumka, PO Dumka, PS Dumka, District Dumka, Jharkhand
7.The Officer Incharge, PS Dumka (Muffasil), PO Dumka, District Dumka, Jharkhand …... Opposite Parties
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :- Mr. Kaushalendra Prasad, Advocate For the State :- Ms. Shivani Kapoor, Advocate For the O.P.No.2 :- Mr. Rajeeva Sharma, Sr. Advocate
11 /24.02.2022 This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
In this petition the prayer is made for direction to entrust investigation to an independent agency like C.B.I.
The learned counsel for the respondent State Ms. Shivani Kapoor submits that supplementary counter affidavit has been filed wherein at paragraph no.14 it has been disclosed that final form has been submitted and after the final form, the petitioner has already filed the protest petition which is pending.
The petitioner has already filed the protest petition and his grievance can be looked into by the concerned court. It is open to the petitioner to make out a case and take all grounds in the concerned court.
This petition is disposed of with the aforesaid observation.
( Sanjay Kumar Dwivedi, J)
SI/
1 issue framed by the court
Whether a direction to entrust investigation to an independent agency like CBI can be issued via writ court in this context.
Binod Kumar Mallah, Advocate
The State of Jharkhand through its Chief Secretary, Secretariat, Project Bhavan, HEC Compound, PO Dhurwa, PS Dhurwa, District Ranchi
The Secretary, Home Department, Government of Jharkhand
The Director General of Police, Home
The Inspector General of Police, Santhal Paragana Division at Dumka
Director General of Police, Santhal Paragana Division at Dumka
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
