Mahadev Nand Giri, son of Shiv Pujan Giri v. State of Jharkhand, through Ministry of Home Affairs
2025-06-09
ANANDA SEN
body2025
DigiLaw.ai
JDUGMENT : ANANDA SEN, J. In this writ petition the petitioner has made the following prayers: (i) For issuance of an appropriate writ(s)/orders(s)/direction(s) particularly in the nature of Mandamus commanding upon the respondents to send to this Hon’ble Court all records appertaining to the Chakardharpur PS Case No. 131/2022 pending in the Court of learned S.D.J.M., Porhat at Chaibasa under sections 302/34 of the Indian Penal Code, u/s 27 of the Arms Act and u/s 3, 4, 5 of the Explosive Substance Act and is pending before the learned Court of S.D.J.M, Porhat at Chaibasa. (ii) A further prayer is being made before this Hon’ble Court for a direction upon the respondent to immediately and forthwith transfer this case to the C.B.I. or other specilised agencies for a better and transparent investigation of the said case as because the matter is communal in nature and politically aligned. (iii) A further prayer is being made before this Hon’ble Court for a direction upon the respondents to immediately and forthwith take serious actions against the accused persons who are involved in the said occurrence. (iv) A further prayer is being made before this Hon’ble Court for a direction upon the respondent to investigate the involvement of the local M.L.A namely Sukhram Oraon who is the master mind in the said occurrence. (v) A further prayer is being made before this Hon’ble Court for a direction upon the respondents to immediately and forthwith transfer the investigation of the case to the CBI or other specialized agencies for free and fare investigation as because the incident is communal and political in nature and involves other powerful persons and also the M.L.A of the ruling party who influences the local police authorities in order to disrupt the investigation which was conducted by the police authorities. (vi) A further prayer is being made before this Hon’ble Court for a direction upon the respondents to conduct narco analyst test upon the accused persons who are arrested by the police authorities so that the truth can be revealed.
(vi) A further prayer is being made before this Hon’ble Court for a direction upon the respondents to conduct narco analyst test upon the accused persons who are arrested by the police authorities so that the truth can be revealed. (vii) A further prayer is being made before this Hon’ble Court for a direction upon the respondents to properly investigate the case as only some of the accused persons has been arrested by the police authorities and due to the involvement of the persons belonging to the Jharkhand Mukti Morcha i.e. the ruling party the police authorities have rigged the investigation and has not conducted a fare investigation of the case. 2. It is the case of the petitioner that his son who was a youth leader of Bhartiya Janta Party (BJP) at Chakardharpur was going with his friends when some miscreants came and threw explosive material over him and also fired gunshot upon him, resulting in his death. The son of the petitioner used to criticize the work of MLA of Jharkhand Mukti Morcha (JMM) during pandemic for which he was threatened by local miscreants. The son of the petitioner also gave several representations for protection of his life, to the police authorities. After the death of the deceased his brother filed a case being Chakardharpur P.S. Case No. 131 of 2022. It is the allegation of the petitioner that this case has not been properly investigated by the local police. 3. Learned counsel for the petitioner submitted that due to the fact that the petitioner’s son was very much involved in the activity of BJP and after 2019 there was a tussle between him and the JMM MLA, the case of the petitioner’s son has not been properly investigated by the police. Learned counsel for the petitioner submitted that as the case is directly linked with the ruling political party the police is not taking proper steps in the investigation and not even arresting anyone. He further submitted that this shows malafide intention of the police authorities in protecting the miscreants. Hence the said case be given to Central Bureau of Investigation (CBI) for a fair investigation. 4. Learned counsel for the State submitted that the police started investigation of the case immediately after the incident and seized CCTV footage from a shop near the place of the occurrence.
Hence the said case be given to Central Bureau of Investigation (CBI) for a fair investigation. 4. Learned counsel for the State submitted that the police started investigation of the case immediately after the incident and seized CCTV footage from a shop near the place of the occurrence. The Superintendent of Police, Chaibasa also constituted a special investigation team to arrest the accused persons involved in the occurrence. The police also recorded the statement of the witnesses. On the basis of the evidence the police also arrested some of the accused. The vehicle used in the occurrence had also been seized. After completion of the investigation the police submitted first chargesheet being Chargesheet No. 19 of 2023 dated 18.02.2023 against some of the accused and second chargesheet being Chargesheet No. 118 of 2023 dated 14.08.2023. Against other accused the police found no material thus submitted Final Form being Final Form No. 148 of 2024. It is the submission of the learned counsel for the State that the police has properly investigated the case and found the case true against some of the accused persons, thus, filed chargesheet against them. There is no illegality committed by the police during the investigation. Thus, this writ petition deserved to be dismissed. 5. After going through the materials on record, I find that the main prayer of the petitioner is of submitting the investigation conducted by the police, to the Central Bureau of Investigation (CBI). 6. In Criminal Justice System the investigation of an offence is the domain of the police officials. The Court ordinarily should not interfere in the matter of investigation by the police when the facts and circumstances do not indicate that the investigation was conducted in a malafide manner. However, when the Court finds that the police officer has exercised his investigatory power in breach of statutory provision or he is using that power in an illegal and improper manner or the investigation is tented with animosity, the Court may intervene. Transferring a case from the police to the CBI for investigation by the Court must be wielded with utmost caution and only in exceptional circumstances. 7. The Hon’ble Supreme Court in the case of “Pooja Pal v. Union of India” reported in (2016) 3 SCC 135 at paragraph no. 85 has held as under: “85.
Transferring a case from the police to the CBI for investigation by the Court must be wielded with utmost caution and only in exceptional circumstances. 7. The Hon’ble Supreme Court in the case of “Pooja Pal v. Union of India” reported in (2016) 3 SCC 135 at paragraph no. 85 has held as under: “85. As succinctly summarised by this Court in Committee for Protection of Democratic Right [State of W.B. v. Committee for Protection of Democratic Rights, (2010) 3 SCC 571 : (2010) 2 SCC (Cri) 401] , the extraordinary power of the constitutional courts in directing CBI to conduct investigation in a case must be exercised sparingly, cautiously and in exceptional situations, when it is necessary to provide credibility and instil confidence in investigation or where the incident may have national or international ramifications or where such an order may be necessary for doing complete justice and for enforcing the fundamental rights. In our comprehension, each of the determinants is consummate and independent by itself to justify the exercise of such power and is not interdependent on each other.” 8. From the judgment of the Hon’ble Supreme Court, I find that the power to transfer investigation from the police to the CBI should be exercised sparingly and cautiously. The said power cannot be exercised in a routine manner. Only when the Court taking into consideration the facts and circumstances of the case thinks there are materials which necessitates interference of the Court the Court may direct for a CBI investigation. 9. Taking into consideration the judgment of the Hon’ble Supreme Court when I go through the materials on record, I find that the case was lodged on 14.11.2022 against unknown persons. The police immediately started investigation of the case, even on the same day the Superintendent of Police, Chaibasa constituted a special team. Thereafter the statement of the witnesses were taken and on 20.11.2022 and 23.11.2022 some of the accused persons were arrested who confessed their guilt. The vehicle used in the offence was also seized. Further on 28.11.2022 and 29.11.2022 four more accused were arrested. The mobile phone and SIM used in the crime were also recovered on confession.
Thereafter the statement of the witnesses were taken and on 20.11.2022 and 23.11.2022 some of the accused persons were arrested who confessed their guilt. The vehicle used in the offence was also seized. Further on 28.11.2022 and 29.11.2022 four more accused were arrested. The mobile phone and SIM used in the crime were also recovered on confession. On the basis of the evidence collected by the police after completion of investigation against some of the accused the police filed first chargesheet on 18.02.2023 and second on 14.08.2023 keeping further investigation pending against some of the accused. The police finally filed Final Form on 14.11.2022 against some of the accused. From the effort of the police during investigation, I do not find any latches as the investigation was carried on in a proper and regular manner. There is nothing to suggest that the police has not acted in a bonafide manner. Further there is no evidence that the investigation was rigged or there is an incomplete investigation. Further the petitioner has filed this criminal writ petition on 24.01.2023 during pendency of the investigation however after filing of the case the police submitted the chargesheet against the accused persons involved in the crime. 10. Thus, there is nothing to substantiate any necessity of transferring the investigation from the police to the CBI only on the ground of some political angle. The prayers of the petitioner is rejected and, accordingly this writ petition is dismissed.