Rekha Singh v. the State of Jharkhand

Jharkhand HC20 Aug 2024W.P.(Cr.)/143/2024

Case brief

AI extract

What is this about?

Jharkhand HC, W.P. (Cr.) No. 143 of 2024 (decided 20.08.2024, Sanjay Kumar Dwivedi, J.): petitioner sought direction to S.I.T. to recover son kidnapped by respondent No.2; complaint case (Complaint Case No.13619 of 2022) already pending; rejection of Section 319 Cr.P.C. prayer upheld as rightly done; Section 319 power exercisable during trial on evidence against other persons; writ petition disposed of with liberty to pursue remedy before the learned Court.

What did the court decide?

Liberty to the petitioner to pursue the remedy before the learned Court where the matter (Complaint Case No.13619 of 2022) is pending. ¶¶21

Rekha Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 143 of 2024

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Rekha Singh, aged about 50 years W/o Basudeo Singh, Resident of Plot No. – 20D, near Anand Clinic Co-operative Colony, P.O. – Koyla Nagar Township, P.S. – Saraidhela, District – Dhanbad, Jharkhand, 826005 .... Petitioner

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-- Versus --

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1. The State of Jharkhand

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2. Manish Kumar Singh, aged about 28 years, S/o Bishnudeo Singh, Resident of Plot No. – 20D, near Anand Clinic Cooperative Colony, P.O. – Koyla Nagar Township, P.S. – Saraidhela, District – Dhanbad, Jharkhand, 826005

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3. The Officer-in-Charge, Saraidhela Police Station, P.O. & P.S.

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– Saraidhela, District – Dhanbad, Jharkhand – 826005.

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4. The Superintendent of Police, S.P. Office Kasturba Nagar P.O. and P.S. – Dhanbad, District – Dhanbad, 826001, Jharkhand.

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.... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Achyut Swaroop Mishra, Advocate For the State :- Mr. Suresh Kumar, SC (L&C)-II :- Mr. Rajesh Kumar Singh, AC to SC (L&C)-II ---05 /20.08.2024 Heard learned counsel appearing for the petitioner

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and learned counsel appearing for the respondent State.

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2. The prayer in the writ petition is made for direction upon the S.I.T. to recover the son of the petitioner, who has been kidnapped by respondent No.2.

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3. Learned counsel appearing for the petitioner submits that the petitioner has already filed a complaint before the learned Court

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--1--

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W.P. (Cr.) No. 143 of 2024

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with regard to the said prayer being Complaint Case No.13619 of 2022. He submits that the petition filed under Section 319 of Cr.P.C. has also been rejected by the learned Court and in view of that proper direction may kindly be issued.

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4. Learned counsel appearing for the respondent State oppose the prayer on the ground that the petitioner is having the remedy to move before the competent Court.

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5. In view of the above, it transpires that the petitioner has already chosen his remedy by way of filing the complaint case which is being examined by the learned Court. So far rejection of prayer under Section 319 of Cr.P.C. is concerned that has rightly been done by the learned Court. It is well settled that in the course of trial, if something is coming on evidence against the other persons then the learned Court can exercise that power, as such, this petition is being disposed of with liberty to the petitioner to pursue the remedy before the learned Court where the matter is pending.

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(Sanjay Kumar Dwivedi, J.)

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Sangam/

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--2--

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W.P. (Cr.) No. 143 of 2024

Rekha Singh v. the State of Jharkhand

Case brief

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Rekha Singh v. the State of Jharkhand

Case brief

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