Navin Kumar Rai Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI Contempt (Crl.) Case No. 08 of 2023

Navin Kumar Rai S/o Shri Tirath Nath Rai Age – about 49 years resident of Village – Sonbad, P.O. & P.S. – Bengabad, Dist. – Giridih ... Petitioner

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Versus

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The State of Jharkhand

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Sri Deepak Kumar Sharma The Superintendent of Police Giridih, P.O. + P.S. –Giridih Dist – Giridih.

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Anil Kumar Singh S/o Parikhan Singh Resident of Sri Sai Aastha Apartment Flat No. 4 C Bariatu, P.O. Bariatu, P.S. Sadar, Dist – Ranchi at present posted and working as Sub Divisional Police Officer Sadar Giridih P.O. + P.S. – Giridih Dist – Giridih. … … ... Respondents

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… … ... Respondents

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CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Lakhan Chandra Rai, Advocate. For the State : Mr. Pankaj Kumar, A.P.P.

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Order No.4/Dated: 9^th January 2024

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The present contempt case has been filed alleging filing of a false affidavit in the proceeding of W.P.(Cr.) No.256 of 2022.

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In the present contempt case, the petitioner has made a statement that a final form was not submitted till 19^th September 2023 but the Sub-Divisional Officer in connivance with the accused persons filed a false affidavit on 27^th July 2022, on the basis of which W.P.(Cr.) No.256 of 2022 was disposed of.

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The records of W.P.(Cr.) No. 256 of 2022 are produced along with the present contempt case. In W.P. (Cr.) No. 256 of 2022, the petitioner controverted the stand taken by the Sub-Divisional Officer in the counter-affidavit dated 27^th July 2022 that a final form was already submitted in Bengabad P.S. Case No. 28 of 2018.

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In his rejoinder affidavit, the petitioner made the following statements:

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“4. That it is stated that after receiving counter affidavit filed on behalf of respondent No. 3 in W.P. Cr. No. 256 of 2022 the petitioner has apply for certified copy of charge sheet/final form before in the court of the learned C.J.M. Giridih in Bengabad P.S. Case No. 28/2018 (State V/s Surendra Singh & Anrs.) on 12.08.2022

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That it is stated that after filing of requisite for obtaining certified copy of charge sheet, the office Superintend, office of Principal District and Sessions Judge Giridih has reported on 16.08.2022 that the I.O. of the aforesaid case has not submitted any chargesheet/final form in Bengabad P.S. case No. 28/2018 till now”

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-2- Contempt (Crl.) Case No. 08 of 2023

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5. Notwithstanding the aforementioned stand of the

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petitioner, the writ Court passed the following order:

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“This petition has been filed for a direction upon the respondents for proper investigation of Bengabad P.S. Case No. 28 of 2018 corresponding to G.R. No. 345 of 2018, pending in the court of learned Judicial Magistrate, 1st Class, Giridih.

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A counter affidavit has been filed, where in para-13 thereof, it has been disclosed that in the said case, the police has already submitted the final form showing the civil nature of dispute.

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Mr. Lakhan Chandra Roy, learned counsel for the petitioner submits that he has applied for the certified copy of the final form and the report is there, which shows that no final form has been submitted in the case. 4. Mr. Agarwal, learned counsel appearing for the State in reply submits that he has got instruction that final form, being Final Form No. 45/2018 dated 31.03.20218 has already been submitted before the learned court. 5. In view of the above statements made in the counter affidavit and also in view of the submission made by learned counsel appearing for the State, this petition is disposed of with the liberty to the petitioner to avail the alternative remedy.”

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Apparently, the present contempt case is misconceived which is accordingly dismissed.

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(Shree Chandrashekhar, A.C.J.)

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(Anubha Rawat Choudhary, J.)

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APK

Navin Kumar Rai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Navin Kumar Rai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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