Prabhu Pal v. the State of Jharkhand through Principal Secretary

Jharkhand HC18 Oct 2023W.P.(Cr.)/241/2022

Case brief

AI extract

What is this about?

The court, in a writ petition regarding a pending criminal investigation, dismissed the plea for direct judicial intervention. The court directed the petitioner to file a proper petition in the appropriate court explaining the inconsistency surrounding the release of a co-accused on a personal bond while others remain in custody. The court held it improper to decide the case without a proper petit

What the court decided

AI extract

Prabhu Pal Vs the State of Jharkhand through… — Criminal Trial and Appeal | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(Cr.) No. 241 of 2022

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Prabhu Pal ..... … Petitioner Versus The State of Jharkhand & Ors. ..... … Respondents --------

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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-----For the Petitioner : Mr. Awnish Ranjan Mishra, Advocate. : Mr. Dhiraj Kumar Saurabh, Advocate. For the State : Mr. Rajan Kumar, A.C. to Sr.S.C.-I ------

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07/ 18.10.2023 This petition has been filed for proper and fair investigation of Manjhiaon P.S. Case No. 45 of 2022 dated 23.03.2022 instituted under Sections 147, 148, 149, 341, 342, 302, 307 and 429 of the Indian Penal Code, pending in the court of learned ACJM, Garhwa.

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It has been contended that the statement made in the supplementary counter affidavit with regard to involvement of Virendra Pal, upon whose confession, the others have been arrested and the said Virendra Pal has been released on P.R. bond is not sustainable, as he has confessed about the crime and others have been apprehended and peculiarly the Virendra Pal has been released on P.R. bond.

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By order dated 06.09.2023, the respondents-State was directed to file the supplementary counter affidavit and pursuant to that the supplementary counter affidavit has been filed, wherein it has been stated that the location of the mobile was not found of this Virendra Pal at the place of occurrence that’s why he has been released. Prima facie, it appears that the grounds taken in the supplementary counter affidavit are not satisfactory. Only not finding of the mobile location of an accused at the place of occurrence cannot be a ground to exonerate him, when the eyewitness has taken the name of said Virendra Pal.

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In view of the above, this petition is being disposed of directing the petitioner to file a proper petition before the Superintendent of Police, Garhwa, explaining these things, who will look into this aspect of the matter and pass necessary instruction to the I.O. so that the investigation may proceed in accordance with law and in the proper way.

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(Sanjay Kumar Dwivedi, J.)

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Amitesh/-

Prabhu Pal v. the State of Jharkhand through Principal Secretary

Case brief

What is this about?

What the court decided

Prabhu Pal v. the State of Jharkhand through Principal Secretary

Case brief

What is this about?

What the court decided

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