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2025 DIGILAW 780 (JHR)

Bindeshwar Yadav v. State of Jharkhand

2025-03-05

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 to direct the respondent nos. 4 to 7 to properly investigate the Bariyatu P.S. Case No. 68 of 2023. 3. The brief fact of the case is that the writ petitioner filed complaint case no. 179 of 2023 alleging commission of the offences punishable under 304B of the Indian Penal Code and under Section 3 & 4 of the Dowry Prohibition Act, 1961. It was alleged therein that the respondent nos. 10 to 13 have committed the dowry death of Chhoti Devi and also committed the offences punishable under Section 3 & 4 of the Dowry Prohibition Act. 4. It is submitted by the learned counsel for the petitioner that the respondent no. 8 & 9 being the Officer In-Charge and Sub-Inspector respectively of Balumath Police Station, at the time of commission of the offence did not register the F.I.R. The petitioner made a representation to the Superintendent of Police, Latehar – the respondent no.4 but the same did not yield any result and ultimately the writ petitioner filed complaint case no. 179 of 2023 and upon the same being referred to police under Section 156(3) of Cr.P.C., Bariyatu P.S. Case No. 68 of 2023 has been registered on 05.10.2023. It is next submitted that though several months have passed but, in the meanwhile, the respondent no.7 has neither taken any action nor the investigation has progressed. It is next submitted that though cognizable offences have been committed by the accused persons of the case but the respondent nos. 8 & 9 fraudulently got one unnatural death case vide U.D. Case No. 23 of 2022 registered. Hence, it is submitted that the prayer as prayed for by the petitioner in this writ petition be allowed. 5. Learned counsel for the Respondents-State submits that the respondents are duty bound to conduct the investigation expeditiously and to 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, this writ petition is disposed of with a direction to the respondent nos. 5. Learned counsel for the Respondents-State submits that the respondents are duty bound to conduct the investigation expeditiously and to 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, this writ petition is disposed of with a direction to the respondent nos. 4 to 7 to properly investigate the Bariyatu P.S. Case No. 68 of 2023, pending in the court of learned Chief Judicial Magistrate, Latehar expeditiously and to take the investigation to its logical conclusion and to submit the Police Report within three months from the date of disposal of this writ petition. 7. This writ petition is disposed of accordingly.