Kush Kumar Choudhary Son of Radheshyam Choudhary v. State of Jharkhand
2025-02-25
ANIL KUMAR CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : ANIL KUMAR CHOUDHARY, J. Heard the parties. 2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) in the nature of mandamus commanding upon the concerned respondents to investigate Saraiyahat P.S. Case No.146 of 2024 registered for the offences punishable under Section 140(3) and 140(4) of the B.N.S., 2023. 3. The brief facts of the case is that the brother of the petitioner namely Lav Kumar Choudhary submitted a written application to the officer-in-charge of Saraiyahat Police Station in the district of Dumka intimating therein that the petitioner- who is the brother of the informant was abducted and on the basis of the written application submitted by the informant, police registered Saraiyahat P.S. Case No.146 of 2024 on 17.10.2024 and the investigation of the case is going on. 4. Learned counsel for the petitioner submits that after being abducted, the writ petitioner was taken to a room and was mercilessly beaten and his captors snatched away his mobile phone, gold pendant worth Rs.11,500/-. The writ petitioner was forcefully made to sit in the vehicle and was taken to Kisnidih Jungle but with the help of some villagers, the writ petitioner contacted his relatives and with the help of the police, the writ petitioner was rescued in an injured condition. It is next submitted that police have not yet recorded the statement of the petitioner under Section 161 of Cr.P.C. nor the police have recorded the statement of the eye witnesses. The writ petitioner is constantly followed by his abductors. It is next submitted that speedy trial is implicit right under Article 21 of the Constitution of India, hence, it is submitted that prayer as prayed for, in this writ petition, be allowed. 5. Learned counsel appearing for the State submits that respondents are duty bound to investigate the Saraiyahat P.S. Case No.146 of 2024 and will take the investigation to its logical conclusion. 6.
5. Learned counsel appearing for the State submits that respondents are duty bound to investigate the Saraiyahat P.S. Case No.146 of 2024 and will take the investigation to its logical conclusion. 6. Having heard the rival submissions made at the Bar and after going through the materials available in the record, since, the FIR of the case was registered on 17.10.2024 and substantial period of time has already been elapsed, this is a fit case where the respondents be directed to ensure expeditious investigation of the Saraiyahat P.S. Case No.146 of 2024 and take the investigation to its logical conclusion and submit Final Report preferably within a period of three months from the this order and also to record the statement of the writ petitioner and other witnesses to be produced by him within 15 day from the date of this order. 7. This W.P. (Cr.), stands disposed of accordingly.