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2025 DIGILAW 549 (JHR)

Aman Shrivastava v. State of Jharkhand

2025-02-21

SANJAY PRASAD, SUJIT NARAYAN PRASAD

body2025
ORDER : 1. Mrs. Nehala Sharmin, learned Special Public Prosecutor appearing on behalf of State, has sought leave of this Court to accept affidavit in Court pursuant to the order dated 19.02.2025. 2. It has been submitted that the copy of the affidavit has already been served upon the learned counsel appearing on behalf of the appellant. 3. Considering the aforesaid, affidavit is being accepted. 4. Office to acknowledge the filing of the said affidavit. 5. Mr. Arvind Kumar Singh, Superintendent of Police, Hazaribagh is present in Court. 6. It has been stated by the learned State counsel by referring to the affidavit particularly para-9 to 13 wherein it has been stated that the concerned Investigating Officer, could not appear on the date fixed for his examination and cross-examination due to the reason of his illness as would be evident from the communication dated 25.09.2024, as appended as Annexure-B to the affidavit dated 13.02.2025, addressed to the Additional Public Prosecutor, Civil Court, Hazaribagh requesting therein that since he was ill on that date and as such, the prayer was requested to be made to the learned Court for deferment of the said matter. 7. The Court has put a query that what is the authenticity of the said communication dated 25.09.2024 in absence of any acknowledgment having been given by the Additional Public Prosecutor, Civil Court, Hazaribagh. The reason for such query was that the concerned Investigating Officer was not in the affairs of conducting any investigation, rather he was to appear in command of a summon issued by the learned Trial Court for his examination/cross-examination in connection with the aforesaid criminal case. If any communication is being made by any of the witnesses, then an application is to be made before the concerned Court for getting an order passed for deferment of the case depending upon the reasons. Herein the concerned witness is none else rather, he is the Investigating Officer and as such, when he has made a communication to the Additional Public Prosecutor, then the said application was to be placed before the learned Trial Court for deferment of the matter by referring the cause of deferment. The said communication has been confronted to the Superintendent of Police, Hazaribagh, who has also accepted the aforesaid fact. The said communication has been confronted to the Superintendent of Police, Hazaribagh, who has also accepted the aforesaid fact. However, he has stated that he at the moment is not in a position to take any action, since the concerned Investigating Officer is now being posted in the Jharkhand Police Training Institute, Padma, Hazaribag and as such, he is not the Disciplinary Authority, even to make any recommendation for any lapses, if submitted by such incumbent. He has submitted that after being posted in the Training Institute, the State Government through the Department of Home is the Disciplinary Authority. He has also stated that due communication has been made to the concerned Department as it would be evident from Annexure-B appended to the affidavit dated 13.02.2025. 8. This Court, therefore on the aforesaid pretext, is of the view that nobody can be allowed to come in the dispensation of the judicial system whatever rank he is holding. 9. The Principal Secretary, Department of Home is directed to conduct an enquiry deputing a responsible officer so that such type of instance may not occur in future. 10. So far as the issue on merit on the present case is concerned, it has been stated at paragraph no. 13 that the concerned Investigating Officer, namely, Shyamchandra Singh, S.I. has been examined on 11.02.2025. 11. Learned State Counsel has submitted that now the prosecution evidence has already been concluded. 12. Mr. Jitendra Sankar Singh, learned counsel appearing for the appellant has submitted that since trial Court is at the verge of closure, he may be allowed to withdraw this Criminal Appeal. 13. Accordingly, the instant Criminal Appeal is dismissed as withdrawn. 14. So far as the part of the order containing the direction upon the Principal Secretary, Department of Home to conduct an enquiry by a responsible officer is concerned, the same be complied with. 15. Let this order be communicated to the Principal Secretary, Department of Home with a copy to the Superintendent of Police, Hazaribagh and the concerned Superintendent of Police, JAPTC, Padma, Hazaribagh for the needful. 16. Personal appearance of Mr. Arvind Kumar Singh, Superintendent of Police, Hazaribagh is dispensed with.