Disposed

Shashi Devi v. State of Jharkhand

Jharkhand HC18 Sept 2023W.P.(Cr.)/537/2022

Case brief

AI extract

What is this about?

In W.P.(Cr.) No. 537 of 2022, the High Court of Jharkhand disposed of a petition seeking transfer of a pending investigation. The court gave liberty to the petitioner to file a fresh representation to the D.G.P. along with a Supreme Court judgment on independent agencies, requiring a decision within three weeks. No case transfer order was issued immediately.

What did the court decide?

Liberty granted to file a fresh petition to the D.G.P. within two weeks; D.G.P. to decide within three weeks.

Shashi Devi Vs State of Jharkhand — Constitutional and Fundamental Rights | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(Cr.) No. 537 of 2022

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Shashi Devi

.... Petitioner

The State of Jharkhand and Others .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner	:-	Mr. R.S.Mazumdar, Senior Advocate
		Mr. Nishant Kumar Roy, Advocate
For the State	:-	Ms. Omiya Anushka, Advocate
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/18.09.2023 This petition has been filed for direction to transfer the investigation of Bank More P.S.Case No.219 of 2022, pending in the court of learned Chief Judicial Magistrate, Dhanbad.

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Mr. Mazumdar, the learned counsel appearing for the petitioner submits that son of the petitioner has been shot down by the Dhanbad police in an alleged case of robbery and the said police officer has been awarded by the then D.G.P., Jharkhand. He submits that in view of that, the matter is required to be handed over to another agency either of the Government of Jharkhand or of the Union of India.

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Learned counsel for the respondent State submits that it appears that the petitioner has represented before the D.G.P., Jharkhand by way of filing representation as contained in Annexure-5 series as well as other authorities and that can be considered.

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In view of the above submission and considering that the police officer who has made encounter of the son of the petitioner has been awarded by the then D.G.P., Jharkhand and further considering the case of People’s Union for Civil Liberty and Other v. State of Maharashtra and Others, (2014) 10 SCC 665 , wherein it has been held that if such a situation is there, either by way of S.I.T or other

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investigation agency the case is required to be investigated. The further guidelines are made in paragraph no.31.3 of the said judgment.

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In view of the above facts and considering that the representation is already pending before the competent authority, this petition is being disposed of with liberty to the petitioner to file a fresh petition before the Director General of Police, Jharkhand annexing the judgment of the Hon’ble Supreme Court rendered in the case of People’s Union for Civil Liberty and Other (supra) within two weeks.

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If such a petition is filed, the Director General of Police, Jharkhand shall take a decision on the representation of the petitioner within three weeks further thereafter and will pass appropriate order with regard to transfer of the case to any independent agency.

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The decision shall be communicated to the petitioner.

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This petition is disposed of.

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( Sanjay Kumar Dwivedi, J.)

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SI/

Shashi Devi v. State of Jharkhand

Case brief

What is this about?

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Shashi Devi v. State of Jharkhand

Case brief

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