Petitioner sought High Court direction to transfer criminal investigation to an independent agency. Court dismissed petition for lack of evidence showing investigation failure and existence of alternative remedy.
None. Petition dismissed with liberty to avail alternative remedy.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 57 of 2023
Pawan Kumar Gupta … Petitioner
-Versus-
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Abhijeet Kumar, Advocate For the State : Mr. Deepankar Roy, A.C. to G.A.-III
06/19.05.2023 This petition has been filed for direction to the respondents to transfer the investigation of the case being Dumka (Mufassil) P.S. Case No.79 of 2022, pending in the court of the learned Chief Judicial Magistrate, Dumka, to some independent agency.
-2-
be applied, which is lacking in the case in hand and that is why, this Court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India.
(Sanjay Kumar Dwivedi, J.)
Ajay/
1 issue framed by the court
Whether the High Court should exercise its extraordinary jurisdiction under Article 226 of the Constitution of India to transfer the investigation of a pending criminal case to another agency.
Pawan Kumar Gupta
The State of Jharkhand
The Director General of Police, Jharkhand, Ranchi
The Superintendent of Police, Dumka
The Deputy Superintendent of Police, Dumka
The Officer In-charge, Dumka Mufassil Police Station, Dist. Dumka
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
