Pawan Kumar Agarwal Son of Banwari Lal Agarwal v. State of Jharkhand, through the Secretary, Department of Home Affairs, Government of Jharkhand
2019-05-01
SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
ORDER : 1. The writ petition is filed under Article 226 of the Constitution of India whereby and whereunder the following prayers have been made :- “(A) A writ of mandamus or in nature thereof commanding/directing the respondents to take necessary action the Chas Marwari Panchayat & the private respondents being office bearers of the society for their illegal activities. (B) A writ of mandamus or in nature thereof commanding/directing the respondent no.2 to take necessary action the Chas Marwari Panchayat & the private respondents being executive members of the society for their illegal activity against the objects of the society and/or take decisions on the basis of representation dated 11.09.2018 (Annexure-3.) of the petitioner no 2 after proper enquiry. (C) A writ of mandamus or in nature thereof commanding/directing the private respondents to provide the relevant incriminating impugned resolution taken and/or adopted by the said society with reference to the Raniganj Police Station Case No.372 of 2017 dated 06.11.2017 relating to the murder of the sister of the petitioners and other cases/sanaha filled by the petitioners at chas. (D) A writ of mandamus or in nature thereof commanding/directing the respondent society and its member abstaining them from doing and/or continuing any activities or actions or taking any decisions pertaining to the occurrence of murder of the sister of the petitioner reported as Raniganj Police Station Case No.372/17 dated 06.11.2017 as Khap Panchayat or alike during the pendency of this case. (E) A writ of mandamus or in nature thereof commanding/directing the State respondent no.2. to cancel the registration of the Chas Marwari Panchayat having registration no.I-205/2007 for their involvement in illegal activities against the norms and objects of the society. (F) A writ of mandamus or in nature thereof commanding/directing the State respondent no.2. to suspend the operation of registration of the private respondent/society during the pendency of this case. (G) A writ of mandamus or in nature of restraining the members of the executive committee/private respondents to participate in the upcoming elections of the society and also not to discharge any function of the society as office bearer till final disposal of the instant writ petition.” 2.
(G) A writ of mandamus or in nature of restraining the members of the executive committee/private respondents to participate in the upcoming elections of the society and also not to discharge any function of the society as office bearer till final disposal of the instant writ petition.” 2. The brief facts of the case of the petitioners is that the petitioners are victims in terms of the provision of Section 2(wa) of the Code of Criminal Procedure, 1973 since the petitioners have lost their married sister at her matrimonial home in an incident of brutal murder by the in-laws and her husband inside the matrimonial home on 05.10.2017 in respect to the said occurrence of murder, a criminal case was instituted being Raniganj Police Station Case No.372 of 2017 dated 06.11.2017 for commission of offence under Sections 302/498A/120B of Indian Penal Code r/w Section 25/27 of the Arms Act with respect to the investigation of the said case which is still pending before the Chief Judicial Magistrate at Durgapur, West Burdwan, West Bengal. 3. Hon'ble Calcutta High Court vide its order dated 07.02.2019 passed in W.P.1208(W) of 2019 handed over the investigation of the aforesaid case to the CBI and thereafter the CBI is investigating the matter. 4. The present writ petition has been filed by the petitioners on the ground that where the in-laws' house of sister of the petitioners is situated, the society is functioning in the name of Chas Marwari Panchayat which has been registered under the Cooperative Societies Act and by conducting the meeting they are trying to influence the investigating by taking such decision which is detrimental to the investigation, which has been reported to the Inspector General of Registration but when no decision was taken by the Inspector General of Registration, the petitioners having no option have approached to this Court by invoking the extraordinary jurisdiction conferred to this Court under Article 226 of the Constitution of India. 5. Mr. Rajendra Krishna, learned counsel for the petitioners has submitted that at-least the Inspector General of Registration may be directed to dispose of the representation wherein the illegality has been pointed out having been committed by the said society by taking such unwarranted decision but till date no decision has been taken. 6. Ms.
5. Mr. Rajendra Krishna, learned counsel for the petitioners has submitted that at-least the Inspector General of Registration may be directed to dispose of the representation wherein the illegality has been pointed out having been committed by the said society by taking such unwarranted decision but till date no decision has been taken. 6. Ms. Shristi Sinha, learned AC to learned AG has seriously objected the submission and ground urged by the petitioners by submitting that now the matter is being investigated by the CBI by an order dated 07.02.2019 passed by the Hon'ble Calcutta High Court in W.P.1208(W) of 2019 and in view thereof, the investigation is in progress and the issue which has been raised by the petitioners pertaining to the decision being taken by the society running in the name of Chas Marwari Panchayat cannot influence the investigation and if any meeting is being conducted by the society, that cannot be said to be illegal unless any material will be brought on record substantiating the argument that the decision is being taken which is detrimental to the investigation which is being done by the CBI and therefore, the writ petition has been filed merely on apprehension hence not maintainable, accordingly, may be dismissed. 7. Having heard the learned counsel for the parties and after appreciating their rival submissions, the factual aspect which is not in dispute in this case is that one FIR has been instituted for allegation of murder before the Raniganj Police Station being Raniganj Police Station Case No.372 of 2017 dated 06.11.2017 for commission of offence under Sections 302/498A/120B of Indian Penal Code read with Section 25/27 of the Arms Act. 8. The informant, being not satisfied with the investigation initiated by the local police, has approached before the Hon'ble Calcutta High Court for handing over the investigation to the CBI by filing a writ petition being W.P.1208(W) of 2019 and in pursuance thereto, in an order passed on 07.02.2019, the entire investigation has been handed over to the CBI and in turn thereof, the CBI is investigating the matter. 9.
9. The petitioners have filed this writ petition against the alleged conduct of the society running in the name of Chas Marwari Panchayat on the ground that the said society is taking decision by convening meeting in order to protect the accused persons and therefore, they are acting not in consonance with the Bye-laws for the purpose for which the society has been created. 10. This Court after going across the entire pleadings and looking even to the representation filed by the petitioners before the Inspector General of Registration, has not found any material what type of decision is being taken by the society which can be said to be detrimental to the investigation and therefore, in absence of any material available on record, no positive direction can be issued, even a direction upon the Inspector General of Registration cannot be passed for considering the representation as prayed unless any cogent evidence will be brought on record about decision taken by the Society and hence, merely on the ground of vague allegation, no direction can be passed by this Court directing the concerned authority to take decision. 11. Moreover, since the matter is being investigated by the CBI, it cannot be said that even by conducting meeting by the society, investigation would be prejudiced. 12. It is settled position of law that a writ cannot be issued upon a vague and bald allegation rather there must be precise and specific ground with evidence, but these are lacking herein. 13. In view thereof and in the entirety of facts and circumstances enumerated hereinabove, petitioners have failed to make out a case for passing a positive direction in their favour by invoking the extraordinary jurisdiction conferred to this Court under Article 226 of the Constitution of India, accordingly, the writ petition fails and is dismissed.