Chandan Munda, Son of Late Mangra Munda v. State of Jharkhand
2025-03-11
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 fair investigation of Lalpur P.S. Case No.339 of 2019 by an independent agency such as C.I.D., Vigilance, C.B.I., Judicial Inquiry etc.. 3. This is the second journey of filing writ petition by the petitioner before this Court. The petitioner is an accused person of the said Lalpur P.S. Case No.339 of 2019. Earlier, the petitioner filed W.P. (Cr.) No.235 of 2020 for quashing of the F.I.R. of the said Lalpur P.S. Case No.339 of 2019 and the said W.P. (Cr.) No.235 of 2020 has been disposed of vide order dated 04.07.2023 with the observation that all efforts shall be taken by the police for fair investigation. The petitioner also filed A.B.A. No. 927 of 2020 which was rejected by this Court vide order dated 20.07.2021. The petitioner filed S.L.P. No.5475 of 2021 in the Hon’ble Supreme Court of India, against the said order dated 20.07.2021 passed by this Court in A.B.A. No.927 of 2020 but the same was dismissed as withdrawn by the order dated 04.08.2021. 4. Learned counsel for the petitioner submits that since that date, the petitioner has neither appeared before the police nor surrendered before the court below. Hence, it is submitted that the prayer, as prayed for by the petitioner in the instant Writ Petition (Cr.), be allowed. 5. Learned counsel for the respondent- State on the other hand vehemently opposes the prayer of the petitioner made in the instant Writ Petition (Cr.) and submits that since the petitioner himself is not co-operating with the investigation of the case and is absconding, hence, the investigation is getting delayed. It is further submitted that no justifiable reason has been assigned by the petitioner to change the investigating agency. Hence, it is submitted that this Writ Petition (Cr.), being without any merit, be dismissed. 6. Having heard the submissions made at the Bar and after carefully going through the materials available in the record, it is crystal clear that because of non-cooperation of the petitioner- who is the accused person of the said Lalpur P.S. Case No.339 of 2019, the investigation is lingering; as even though the Anticipatory Bail Application of the petitioner was rejected in 2021 but still the petitioner is evading his arrest and is absconding. 7.
7. Under such circumstances as the investigation of the case is getting delayed because of the non-cooperation of the petitioner who is the accused person of the said Lalpur P.S. Case No.339 of 2019, this Court is of the considered view that there is no justifiable reason to change the Investigating locus standi Agency and otherwise also the petitioner being an accused, has no to choose the Investigating Agency. 8. Accordingly, this Writ Petition (Cr.), being without any merit, is dismissed.