Ranjit Kumar @ Badri Prasad, Son of Late Satyanarayan Prasad v. State of Jharkhand
2023-11-23
ANIL KUMAR CHOUDHARY
body2023
DigiLaw.ai
JUDGMENT : (Anil Kumar Choudhary, J.) : I.A. No.5414 of 2023 Heard the parties. 2. This Interlocutory Application has been filed with a prayer to add the Intervener as party respondent as the Intervener is the informant of the connected case being Bokaro Steel City P.S. Case No.144 of 2022 in which the petitioner is one of the accused. 3. Learned counsel for the Intervener submits that the Intervener may be added as a party respondent so that he could assist this Court at the time of argument of this case for better adjudication of the issues involved in the present Writ Petition. 4. Learned counsel for the petitioner submits that the only prayer made by the petitioner in this Writ Petition is for issuing a writ of mandamus directing specially the respondent Nos.4, 5 and 6 to undertake speedy and proper action and to take stringent action to arrest the accused persons of the case instituted by the petitioner being Bokaro Steel City P.S. Case No.193 of 2022 and the Intervener is in no way associated with the said Bokaro Steel City P.S. Case No.193 of 2022 and he has no locus standi in lis before this Court. Hence, it is submitted that this Interlocutory Application, being without any merit, be dismissed. 5. Learned G.P.-II appearing for the State submits that the State has nothing to say in respect of this Interlocutory Application. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials in the record, this Court finds that since the undisputed fact remains that the Intervener is in no way associated with Bokaro Steel City P.S. Case No.193 of 2022; in connection with which case, this Writ Petition has been filed, hence, this Court is of the considered view that the Intervener has no locus standi so far as subject matter of this Writ Petition is concerned, and, therefore, his assistance is not required by this court, in this Writ Petition. 7. Accordingly, the prayer of the Intervener for him being made a party respondent in this Writ Petition is rejected. 8. This interlocutory Application stands disposed of. W.P. (Cr.) No.118 of 2023 1.
7. Accordingly, the prayer of the Intervener for him being made a party respondent in this Writ Petition is rejected. 8. This interlocutory Application stands disposed of. W.P. (Cr.) No.118 of 2023 1. This Writ Petition under Article 226 of the Constitution of India has been filed with a prayer to issue a writ of mandamus commanding upon the respondent Nos.4, 5 and 6 to undertake speedy and proper action and to take stringent action to arrest the accused persons in the case instituted by the petitioner in Bokaro Steel City P.S. Case No.193 of 2022 registered for the offence punishable under Sections 406, 420, 380, 386, 120-B, 34 of the Indian Penal Code which is pending before the court of learned Chief Judicial Magistrate, Bokaro. 2. The brief facts of the case is that the petitioner is the informant of the said case being Bokaro Steel City P.S. Case No.193 of 2022 which has been registered for the offences punishable under Sections 406, 420, 380, 386, 120-B, 34 of the Indian Penal Code. 3. Learned counsel for the petitioner submits that after registration of the case, no action has been taken by the respondent- authorities and they have not even recorded the statement of the witnesses of the case. It is next submitted that the petitioner has the right of fair investigation but because of inaction and lethargic approach of the respondent Nos.4, 5 and 6 they have put an embargo upon justice being imparted to the petitioner. Hence, it is submitted that a writ of mandamus, as prayed for, be issued. 4. Learned G.P.-II appearing for the State submits that the investigation of the case is being conducted in accordance with the provisions of law and the procedure established by law. The statement of the petitioner has been recorded under Section 161 Cr.P.C., statement of the informant as well as witnesses namely Jayendra Kumar, Baban Kumar, Aman Kumar, Manish Kumar, Salim Akhtar, Amit Akash, Binay Kumar Sinha and Ram Lauki Sharma have been recorded under Section 161 Cr.P.C.. Notice under Section 41 A of Cr.P.C. has been served upon the accused persons for seeking their statement and the reply of the accused persons to the notice has been given in writing.
Notice under Section 41 A of Cr.P.C. has been served upon the accused persons for seeking their statement and the reply of the accused persons to the notice has been given in writing. It is then submitted that the petitioner is not producing his witnesses before the Investigating Officer in spite of several reminders and is devising new methods to dodge the due process of law and procedure established by law. Hence, it is submitted that this Writ Petition, being without any merit, be dismissed. 5. It is agreed to between the petitioner and the G.P.-II that the petitioner will produce all his remaining witnesses before Bokaro Steel City Police Station on 16th December, 2023 and 17th December, 2023 and the Investigating Officer will record the statement of all the remaining witnesses produced by the petitioner on those two days. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it appears that substantial progress has been made in the investigation of the case. Hence, a writ of mandamus is issued directing the respondent Nos.4, 5 and 6 to complete the investigation of Bokaro Steel City P.S. Case No.193 of 2022 within a period of three months from the date of receipt of this order by the respondent No.6. 7. This Writ Petition stands disposed of accordingly.