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2017 DIGILAW 1639 (JHR)

Krishna Kumar Keshri, S/o Late Hira Prasad Keshri v. State of Jharkhand

2017-09-12

RONGON MUKHOPADHYAY

body2017
ORDER : 1. Heard Mr. Lukesh Kumar, learned counsel for the petitioner and Ms. Laxmi Murmu, learned A.P.P. for the State. 2. This revision application is directed against the order dated 29.06.2017 passed by the learned Additional Sessions Judge-XI, Dhanbad in connection with Sessions Trial No. 612/2012, arising out of Dhanbad (Bank More) P.S. Case No. 714/2008, corresponding to G.R. Case No. 3113/2008, whereby and whereunder the application preferred by the petitioner for examining Ram Krishna Thakur, the Fire Officer had been rejected. 3. A perusal of the impugned order dated 29.06.2017 reveals that the case involved two Investigating Officers and the first Investigating Officer who has been examined as P.W.8 has proved the factum of seizure of some materials which were burnt which prove that an incident of burning had taken place. On such consideration therefore the requirement of examining the Fire Officer had not arisen which led to rejection of the application preferred by the petitioner on 29.06.2017. However, perusal of the entire order dated 29.06.2017 reveals further that the second Investigating Officer of the case was not examined in spite of the best efforts made by the learned trial court and since the case was instituted in the year 2008 the evidence of the prosecution was closed. 4. It is indeed surprising that in spite of writing letters to S.S.P. Dhanbad, S.P. Palamu, D.G.P., Jharkhand as well as the Home Secretary, Govt. of Jharkhand, Ranchi and in spite of stopping the salary of the second Investigating Officer he did not turn up and comply with the orders passed by the learned trial court. Such deliberate act on the part of the second Investigating Officer in repeatedly defying the order of the learned trial court is indeed deplorable. The Director General of Police, Jharkhand once he has been informed about the requirement of the Investigating Officer before the learned trial court should have taken immediate action for the presence of the said Investigating Officer but as it apparent from the impugned order dated 29.06.2017 all the efforts made by the learned trial court failed and since the case is of the year 2008 the learned trial court was constrained to close the prosecution evidence. 5. 5. This application is therefore disposed of with a direction to the Director General of Police, Jharkhand to ensure the presence of the Investigating Officer before the learned trial court expeditiously for his examination and if it is found that the Investigating Officer in spite of being in the know of his requirement to give evidence before the learned trial court deliberately flouted the said order appropriate departmental action be also taken against the Investigating Officer. 6. The learned trial court is directed that if the Investigating Officer is produced by the prosecution with necessary application the learned trial court shall endeavor to get the said Investigating Officer examined on a day-today basis. 7. This application stands disposed of with the aforementioned observations. 8. Let this order be communicated through ‘FAX’ at the cost to be deposited by the petitioner.