Dismissed

Dwarika Baitha v. the State of Jharkhand

Jharkhand HC12 Apr 2023W.P.(Cr.)/126/2022

Case brief

AI extract

What is this about?

Petitioner seeks direction for re-investigation by independent agency regarding death of his son in a train accident. Court examined counter-affidavit showing inquiry found accidental fall and petitioner had admitted the fact during a compensation claim with tribunal before receiving payment. No case for interference made out; petition dismissed.

What the court decided

AI extract

Dwarika Baitha Vs the State of Jharkhand — Motor Accident Claims | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(Cr.) No. 126 of 2022

Dwarika Baitha

..... … Petitioner

Versus

The State of Jharkhand.

¶7

The Director General of Police, Project Building, Dhurwa, Ranchi.

¶8

The Inspector General of Police (Railway), Project Building, Dhurwa, Ranchi.

¶9

The Superintendent of Police (Railway), Dhanbad.

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Investigating Officer of UD Case No. 49 of 2016,

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G.R.P.F., Dhanbad.

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Jharkhand Athletics Association

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through its President M.K. Pathak.

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Jharkhand Athletics Association

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through its Secretary Sri C.D. Singh

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Binod Kumar Singh, Coach, Morabadi Sai Coaching, Morabadi Ground, Ranchi. 9. Prabhat Ranjan Tiwari ..... … Respondents.

¶17

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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-----For the Petitioner : Mr. Faiz Ur Rahman, Advocate. For the State : Mr. Amrit Raj Kisku, A.C. to G.A.-V.

¶20

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07/ 12.04.2023 This petition has been filed for a direction upon the respondent No. 2 to conduct proper and fair investigation/re-investigation through an independent agency like C.B.I., C.I.D. or S.I.T., in U.D. Case No. 49 of 2016, which was registered on the basis of fardbeyan dated 14.09.2016 by respondent No. 9 before the Kumardubi Railway Police Station, Dhanbad.

¶22

Learned counsel appearing for the petitioner submits that son of this petitioner was pushed while he was travelling in the train and that’s why death has occurred and the police have not investigated the case in the right direction. He further submits that it is a fit case for a direction upon the respondents to reinvestigate the matter.

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Learned counsel appearing for the State submits that a counter affidavit has already been filed and in view of the statements made there, no case of interference is made out.

¶24

In view of the above submissions of the parties, the court has gone through the documents and the contents of the writ petition as well as counter affidavit and finds that in the counter affidavit, it has been disclosed that on the fardbeyan given by respondent No. 9, UD case was registered and an enquiry was conducted with a finding that the death of the son of the petitioner was due to fall from the train and no complexity of anybody or any foul play was found. In view of disclosure made in

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para-14 of the counter affidavit and also looking into Annexure-E to the said counter affidavit, it transpires that the compensation case was filed by the petitioner and his wife, which was registered before the Railway Claims Tribunal, Ranchi Bench on 06.01.2017, wherein the petitioner and his wife have admitted the fact that the death of their son was due to accidental fall. In view of such admission, compensation amount in favour of the petitioner was paid.

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In view of the above, no case of interference is made out. Accordingly, this petition is dismissed.

¶27

Amitesh/-

Dwarika Baitha v. the State of Jharkhand

Case brief

What is this about?

What the court decided

Dwarika Baitha v. the State of Jharkhand

Case brief

What is this about?

What the court decided

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