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2025 DIGILAW 465 (JHR)

Sujata Kalia, wife of Late Girish Kalia v. State of Jharkhand

2025-02-18

ANIL KUMAR CHOUDHARY

body2025
JUDGMENT : ANIL KUMAR CHOUDHARY, J. 1. Heard the parties. 2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of an appropriate writ, order or direction commanding upon the respondent nos. 3, 4 & 5 to undertake fair and speedy investigation and to take stringent actions to arrest the accused persons in connection with Sector-4 P.S. Case No. 147 of 2022 registered involving the offences punishable under Section 302/120B/34 of the Indian Penal Code. 3. The brief fact of the case is that the writ petitioner being the informant instituted the said Sector -4 P.S. Case No. 147 of 2022 alleging therein that the accused persons cited in the F.I.R. along with one unknown person in criminal conspiracy with each other and in furtherance of their common intention have committed the murder of the husband of the informant namely Girish Kalia. In connection of the death of the said Girish Kalia first U.D. Case No. 06 of 2022 was registered on 07.10.2022 but later on, on the basis of the written application dated 21.10.2022, Sector -4 P.S. Case No. 147 of 2022 was registered and police has taken up investigation which is going on at present. 4. It is submitted by the learned counsel for the petitioner that the enquiry in the U.D. Case No. 06 of 2022 was not conducted properly. It is then submitted by the learned counsel for the petitioner that more than one and a half year after institution of the Sector -4 P.S. Case No. 147 of 2022, no progress has been made in the investigation and the death of the deceased was a homicidal death but the investigating officer is not taking the aid of any forensic expert. It is next submitted by the learned counsel for the petitioner that the representations made by the son of the petitioner to the Superintendent of Police has not yielded any fruitful result. Hence, it is submitted that the prayer as prayed for in this writ petition be allowed. 5. Learned counsel for the State though opposes the prayer but fairly submits that the State is duty bound to undertake fair and speedy investigation and to take the investigation of Sector -4 P.S.Case No. 147 of 2022 to its logical conclusion. 6. Hence, it is submitted that the prayer as prayed for in this writ petition be allowed. 5. Learned counsel for the State though opposes the prayer but fairly submits that the State is duty bound to undertake fair and speedy investigation and to take the investigation of Sector -4 P.S.Case No. 147 of 2022 to its logical conclusion. 6. Having heard the submissions made at the Bar and after carefully going through the materials in the record, this writ petition is disposed of with a direction to the respondents to ensure fair and speedy investigation of the said Sector -4 P.S. Case No. 147 of 2022 and to submit the Final Report within a period of three months from the date of this order. 7. In the result, this writ petition is disposed of with the aforesaid direction.