Jharkhand Against Corruption through-its Vice President, Santosh Kumar Singh v. State of Jharkhand
2014-08-21
D.N.PATEL, P.P.BHATT
body2014
DigiLaw.ai
Judgment per D.N. Patel, A.C.J. 1. Counsel for the petitioner as well as the counsel for the State have argued out the case at length and we have heard both the sides at length and they have taken this Court to various annexures of the petition as well as of the counter affidavit. 2. It appears that despite our order dated 21st August, 2013, and despite the following directions, given in paragraph no.4 of the order dated 21.8.2013, the State has not supplied the details. The paragraph No.4 of the order dated 21.8.2013, reads as under : “4. We direct the State of Jharkhand to file an affidavit regarding : (a) The status of the cases pending against the persons who have been referred in this petition. (b) If the investigations are pending against the persons who are referred in the memo of petition, all the details will be given personwise. (c) If the cases are pending in any court of the State of Jharkhand, the number of the cases and the stage at which the criminal case or any other case will also be pointed out by the State.” 3. The affidavit has been filed in pursuance of our order dated 21.8.2013, on 13.9.2013 for the following persons. It has been stated that the investigation, in few cases, are pending. Sl. No. Name of accused S/Sri etc. P.S. Case Nos. with Sections of I.P.C. Remarks 1. Chandra Prakash Choudhary Ramgarh P.S. Case No.57 of 2005 dated 04.2.2005, U/Secs. 144/ 149/ 341/ 342/ 353/ 386/ 384/ 385 of the I.P.C. Investigation is pending 2. Uma Shanker Yadav ?Akela? Chouparan P.S.Case No.85 of 2005, dated 22.5.2005, U/Secs. 147/ 148/ 149, 341/ 342/ 323, 325/ 307/302 of the I.P.C. CID Investigation is pending. 3. Raghuvar Das Kadma P.S. Case No.44 of 2007, Dated 24.04.2007, U/Sec. 147, 149, 363, 452, 342, 324, 225 of the I.P.C. Investigation is pending (as submitted by the counsel for the State). 4. Raghuvar Das Telco P.S.Case No. 145 of 2013, dated 24.4.2013, U/ Sec. 147, 148, 149, 323 and 186 of the IPC. Investigation is pending. 5. Banna Gupta Jugsalai P.S.Case No.102 of 2011, dated 23.6.2011, U/Sec. 427/ 34 of the I.P.C. and Prevention from Damage of Public Property Act, 1984. Investigation is pending 6.
4. Raghuvar Das Telco P.S.Case No. 145 of 2013, dated 24.4.2013, U/ Sec. 147, 148, 149, 323 and 186 of the IPC. Investigation is pending. 5. Banna Gupta Jugsalai P.S.Case No.102 of 2011, dated 23.6.2011, U/Sec. 427/ 34 of the I.P.C. and Prevention from Damage of Public Property Act, 1984. Investigation is pending 6. Mannan Malik Kotwali Kotwali P.S.Case No. 556 of 2013, dated 21.6.2013, U/Sec. 147, 148, 149, 323, 359, 307 of the I.P.C. as well as under Sec. 27 of the Arms Act. Investigation is pending. 7. Mannan Malik Dhanbad P.S. Case No.342 of 2011, dated 27.4.2011, U/Sec. 147/ 148/ 323/ 324/ 307/ 353/ 302/ 332/ 435 of I.P.C. as well as under Sec. 27 of the Fire Arms Act as well as Section 3 & 4 of Explosive Substance Act as well as under Sec. 3 and 4 of Prevention of Damage to Public Property Act, 1984. Blank 8. Anant Pratap Dev Nagar Untari P.S.Case No.93 of 2004, U/Sec. 147/ 342/ 353, 116/ 153/ 188 of the I.P.C. No detail has been given by the Government and there is a blank in the columns. 9. Rajendra Prasad Singh Kotwali P.S.Case No. 555 of 2013, dated 21.6.2013, U/Sec. 147, 148, 149, 341, 323, 427 and 307 of the I.P.C. & Section 27 of the Arms Act,1959 Investigation is pending. 10. Yogendra Saw Keradari P.S. Case No.33 of 2012 dated 28.5.2012 U/Secs. 147/148/149/323/341/325/307/332/333/353/427/337/506/120-B I.P.C. Investigation is pending 11. Hari Narayan Rai Blank No detail has been supplied by the Government and there is a blank in the columns of affidavit filed by the Principal Secretary, Department of Home 12. Enos Ekka Simdega P.S. Case No. 9 of 2004, dated 29.1.2004 U/ Sec. 147/148/323/427 IPC It is submitted by the petitioner that false affidavit has been filed by the Principal Secretary, Department of Home, because the date on which the affidavit is filed there were more number of cases pending against this person and deliberately the details have not been given by the high ranking administrative officers of the State and the details of those cases will be supplied now by the petitioner. 14. Hussain Ansari Madhupur P.S. Case No.20 of 2009, dated 23.1.1999 U/Secs. 147/448/323/504/379 IPC There is blank in the affidavit. 15. Deepak Barua Sadar P.S.Case No.41 of 2011 dated 4.7.2011, U/ss 147/148/149/448/341/342/379/353/427/109 IPC Arrest is yet to be made. 16.
14. Hussain Ansari Madhupur P.S. Case No.20 of 2009, dated 23.1.1999 U/Secs. 147/448/323/504/379 IPC There is blank in the affidavit. 15. Deepak Barua Sadar P.S.Case No.41 of 2011 dated 4.7.2011, U/ss 147/148/149/448/341/342/379/353/427/109 IPC Arrest is yet to be made. 16. Poulus Soren Karra P.S. Case No. 42 of 2011, dated 25.6.2011, U/Sec. 341/353/504/120B/34 IPC Investigation is pending 17. Poulus Soren Karra P.S. Case No. 27 of 2013, dated 27.5.2013 U/Sec. 302/ 379/ 34 /120B IPC and 27 of the Arms Act and CLA Act Investigation is pending. 18. Robin Hembrom Blank No detail has been given by the State and all the columns are blank in the affidavit filed by the Principal Secretary, Department of Home. 19. Vidyut Baran Mahto Golmuri P.S.Case No.110 of 2011, dated 4.6.2011 U/ Sec. 188 and 171A IPC Investigation is pending 20. Mathura Prasad Mahto Blank No detail has been given by the State and all the columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 21. Teklal Mahto Blank No detail has been given by the State and all the columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 22. Simon Marandi Blank No detail has been given by the State and all the columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 23. Hemlal Murmu Blank No detail has been given by the State and all the columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 24. Akil Akhter Blank No detail has been given by the State and all the columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 25. Nalin Soren Blank No detail has been given by the State and all the columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 26. Dulu Mahto Jogta P.S. Case No. 46 of 2012, dated 20.4.2012 U/ Sec. 147/ 148/ 149 /120B/ 323/ 324/ 326/ 307/ 302/ IPC and 3/ 4 of Explosive Substance Act. Investigation is pending. 27. Dulu Mahto Baghmara P.S.Case No. 25 of 2013, dated 21.1.2013 U/ Sec.147/148/149/447/448/341/ 323/324/326/307/120B IPC and Sec. 27 of the Arms Act. Investigation is pending 28.
26. Dulu Mahto Jogta P.S. Case No. 46 of 2012, dated 20.4.2012 U/ Sec. 147/ 148/ 149 /120B/ 323/ 324/ 326/ 307/ 302/ IPC and 3/ 4 of Explosive Substance Act. Investigation is pending. 27. Dulu Mahto Baghmara P.S.Case No. 25 of 2013, dated 21.1.2013 U/ Sec.147/148/149/447/448/341/ 323/324/326/307/120B IPC and Sec. 27 of the Arms Act. Investigation is pending 28. Dulu Mahto Katras P.S. Case No. 61 of 2013, dated 9.3.2013, U/Sec. 341, 342, 323, 34 IPC Investigation is pending. 29. Arvind Kumar Singh Adityapur P.S.Case No.159 of 1994, dated 30.10.1994, U/ Sec. 25(4)/30 Arms Act. No detail has been given by the State and all the columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 30. Pradeep Yadav Godda (Mu) P.S. Case No.151of 2012, dated 1.4.2012, U/Secs. 147, 148, 149, 323, 324, 307, 337, 379 427, 504 of IPC Investigation is pending 31. Pradeep Yadav Deoghar P.S.Case No. 363 of 2010, dated 16.9.2010, U/ Sec. 224, 225, 143, 149, 353, 341 I.P.C. Investigation is going on. 32. Jai Prakash Singh Bhogta Blank No detail has been given by the State and all the Columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 33. Sanjay Kumar Singh Yadav Ranchi Kotwali P.S. Case No.587 of 2009, U/Secs.144, 341, 353, 188-A IPC No detail has been given by the State and all the columns have been left blank in the affidavit filed by the State Government. 34. Sanjay Prasad Yadav Godda (Sadar) P.S.Case No. 159 of 2011, dated 28.4.2011, U/ Sec. 341/ 342/ 353/ 307/ 34/ 120B I.P.C. Investigation is pending 35. Janardan Paswan Blank No detail has been given by the State and all the columns have been left blank in the affidavit filed by the Principal Secretary, Department of Home. 36. Smt. Sita Soren Doranda P.S.Case No.616 of 2012, dated 26.12.12, U/ Secs. 363, 365 I.P.C. Investigation is pending (counsel for the State has submitted that the investigation is with the C.B.I.) 37. Kameshwar Baitha There are 11(eleven) cases against this person under variety of sections of I.P.C., like395, 307, 302, 379, etc. of I.P.C. and Sec. 27 of Arms Act also.
363, 365 I.P.C. Investigation is pending (counsel for the State has submitted that the investigation is with the C.B.I.) 37. Kameshwar Baitha There are 11(eleven) cases against this person under variety of sections of I.P.C., like395, 307, 302, 379, etc. of I.P.C. and Sec. 27 of Arms Act also. (every possible type of major offence has been registered against this person.) No detail has been supplied for these eleven cases against Kameshwar Baitha by the State Government in their affidavit filed by the Principal Secretary, Department of Home 38. Suresh Paswan Jassidih P.S.Case No. 331 of 2012, dated 20.12.12, U/ Sec.147/ 148/ 149/ 341/ 323/ 307/ 379/ 427 I.P.C. Investigation is pending. 4. Thus, inaccurately, an affidavit has been filed by the State despite our clear direction given vide order dated 21.8.2013. 5. Counsel appearing for the State is seeking time to file accurate affidavit of Principal Secretary, Department of Home or of other competent officer/ high ranking officer of the State. 6. The details which are not supplied, shall be supplied by the State of Jharkhand, on or before the next date of hearing. 7. We also direct the State that in the aforesaid cases, where the investigation is pending, the same shall be completed as early as possible, and if possible, on or before the next date of hearing. The outer time limit shall also be given by the State because very serious are the allegations in the aforesaid cases against variety of the persons under the I.P.C. and all the major type of Sections are covered and the investigations cannot be kept pending for a longer time because in the criminal matters, if the investigation is not completed, it will be very difficult for the Investigating Officer to collect the evidences and it will be much more difficult for the concerned trial court to get the evidences. 8. Counsel appearing for the State is seeking two weeks' time to file the details. 9. Time, as prayed for, is granted. 10. The matter is adjourned to be listed on 3rd September, 2014.