Writ petition sought mandamus for fair investigation into an FIR regarding a missing girl. After SIT investigation concluded with a charge-sheet accepted by the court, the plea to implead the CBI and transfer investigation was rejected, and the writ petition was disposed of as infructuous.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No.99 of 2016
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Ashok Kumar Yadav s/o Wajir Yadav, resident of vill- Alagdiha, P.O.- Maskedih, P.S.- Chalkusha & District Hazaribagh
… Petitioner
Versus
… Respondents
------ For the Petitioner : Mr. Mrityunjay Chaudhary, Advocate For the Respondents : Mr. Mrinal K. Roy, GA I Mr. Anil Kumar, Addl. S.G.I Mr. Ravi Prakash, C.G.C. ------ P R E S E N T
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:-
I.A. No.2834 of 2024
Heard the parties.
This interlocutory application has been filed with a prayer to implead the
Union of India through the Director General, Central Bureau of Investigation (CGO Complex, Lodhi Road, P.O. & P.S. Lodi road, Dist:- New Delhi) as respondent No.7 of this Writ Petition.
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Learned counsel for the petitioner submits that this Writ Petition has been filed inter alia praying issuance of writ, order, direction particularly in the nature of mandamus commanding upon the respondents to take action in accordance with law against the accused persons in pursuance of the F.I.R. vide Hazaribagh (Sadar) P.S. Case No.909 of 2014 corresponding to G.R. No.3696 of 2014. It is next submitted that as no proper investigation was done by the police in Hazaribagh (Sadar) P.S. Case No.909 of 2014 corresponding to G.R. No.3696 of 2014, the petitioner approached this Court by way of filing this Writ Petition. The investigation of Hazaribagh (Sadar) P.S. Case No.909 of 2014 corresponding to G.R. No.3696 of 2014 was transferred to Crime Investigation Department, Jharkhand. A Special Investigation Team was constituted on 22.07.2017 and investigation of Hazaribagh (Sadar) P.S. Case No.909 of 2014 corresponding to G.R. No.3696 of 2014 was carried out by the S.I.T. Though investigation of the case was done by the S.I.T. but till date the missing girl has not been recovered. Some inputs regarding the missing girl has been received and the AADHAR based information of the missing girl is required to be investigated.
This Court vide order dated 03.01.2024, directed the respondent no.6 to produce the relevant information. The information was filed in a sealed cover. The report also does not reveal the trace of the missing girl. Hence, investigation of the case is required to be transferred to the C.B.I.
Learned counsel for the C.B.I. and the learned GA I jointly submit that at present no investigation is pending as after due investigation of the said Hazaribagh (Sadar) P.S. Case No.909 of 2014 corresponding to G.R. No.3696 of
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2014, charge-sheet has been submitted and the trial of the case is going on. Since, no investigation is pending and the charge-sheet has been submitted by the police, which have been accepted by the court concerned, it is not open to any further investigation in the case at this stage. Hence, it is submitted that there is no justifiable reason to implead the Director General, Central Bureau of Investigation (CGO Complex, Lodhi Road, P.O. & P.S. Lodi road, Dist:- New Delhi) as respondent No.7 of this Writ Petition.
The sealed cover submitted by the respondent No.6 is opened. Perusal of the same reveals that no mobile number is linked with the AADHAR No.8496 8959 8541 and it is also intimated that the said AADHAR No. is not linked with any Bank, Post Office, Voter ID Card nor is there any information available with the respondent No.6 to indicate about the whereabouts of the person in whose respect the said AADHAR No.8496 8959 8541 has been issued.
Let the same be kept in the record.
Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, the undisputed fact remains that after due investigation of the case, charge-sheet has been submitted, which has been accepted by the court concerned. The charge-sheet concerned or the acceptance order of the same or for that matter the order taking cognizance of the offence by the trial court, is not under challenge in this Writ Petition.
Since charge-sheet has already been submitted in this case after completion of the investigation, no investigation is pending nor is any case made out for further investigation; so, the question of transferring the
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investigation of the case to the Central Bureau of Investigation (C.B.I) does not arise.
Under such circumstances, this Court is of the considered view that there is no justifiable reason to implead the Director General, Central Bureau of Investigation (CGO Complex, Lodhi Road, P.O. & P.S. Lodi road, Dist:- New Delhi) as respondent No.7 of this Writ Petition.
Accordingly, this interlocutory application, being without any merit, is dismissed.
(Anil Kumar Choudhary, J . )
W.P. (Cr.) No.99 of 2016
This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for issuance of writ, order, direction particularly in the nature of mandamus commanding upon the respondents to take action in accordance with law against the accused persons in pursuance of the F.I.R. vide Hazaribagh (Sadar) P.S. Case No.909 of 2014 corresponding to G.R. No.3696 of 2014 so that the petitioner may not be deprived of fair and impartial investigation as the daughter of the petitioner is missing from last two years from her matrimonial house.
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(Anil Kumar Choudhary, J . )
High Court of Jharkhand, Ranchi Dated the 22nd of June, 2024 AFR/ Animesh
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2 issues framed by the court
Should the CBI Director be impleaded and the investigation transferred to the CBI after charge-sheet submission?
Does the writ petition for action on the FIR survive once investigation is complete and charge-sheet filed?
1 provisions across 1 enactments
Ashok Kumar Yadav
The State of Jharkhand
D.G.P., Jharkhand
I.G. Bokaro
The Superintendent of Police, Hazaribagh
Officer incharge, Sadar P.S., Hazaribagh
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court