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2025 DIGILAW 945 (JHR)

Chetlal Saw Son of Late Bhuneshwar Nayakaj v. State of Jharkhand

2025-03-19

ANIL KUMAR CHOUDHARY

body2025
JUDGMENT : 1. Heard the parties. 2. This Writ Petition (Cr.) has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of appropriate Writ(s)/Order(s)/Direction(s) commanding upon the respondents to conduct a fair and proper investigation of Hazaribagh Sadar P.S. Case No. 134 of 2021 registered for the offences punishable under Sections 467, 468, 471, 420, 34 of the Indian Penal Code or in alternative to transfer the case to an independent central agency. 3. The brief facts of the case is that the Writ Petitioner submitted an application to the District Sub-Registrar, who is the informant of the said Hazaribagh Sadar P.S. Case No.134 of 2021 requesting therein for annulment of document No.8132 of the year 1967; on the ground that the document has been tampered with and forged in the records maintained in Book No.1, Volume No.83 of the archive of the Office of District Sub-Registrar, Hazaribagh. On the basis of the complaint received from the writ petitioner, the Deputy Commissioner-cum-District Registrar, Hazaribagh ordered for an investigation which was conducted by the informant and it was found that forgery was committed in the document concerned and the prime responsibility for the same was fixed upon the then Archive In-Charge-Mr. Md. Mosahib Ali. Besides the then Archive In-Charge- Mr. Md. Mosahib Ali, Mr. Ram Gulab Rai has also been cited as the named accused person of the said Hazaribagh Sadar P.S. Case No.134 of 2021. It is next submitted that police by not concluding the investigation causing serious prejudice to the petitioner; who is an old man of 81 years. Hence, it is submitted that the prayer as prayed for in this Writ Petition (Cr.) be allowed. 4. Learned counsel for the respondents on the other hand submits that the respondents are duty-bound to ensure speedy, fair and proper investigation of Hazaribagh Sadar P.S. Case No.134 of 2021 and will take the investigation to its logical conclusion. 5. Hence, it is submitted that the prayer as prayed for in this Writ Petition (Cr.) be allowed. 4. Learned counsel for the respondents on the other hand submits that the respondents are duty-bound to ensure speedy, fair and proper investigation of Hazaribagh Sadar P.S. Case No.134 of 2021 and will take the investigation to its logical conclusion. 5. Having heard the submissions made at the Bar and after going through the materials available in the record, this Writ Petition (Cr.) is disposed of with a direction to the respondent No.2 to 5 to ensure speedy, fair and proper investigation of Hazaribagh Sadar P.S. Case No.134 of 2021 and to take the investigation to its logical conclusion and submit the police report within three months from the date of this order. 6. This Writ Petition (Cr.) is disposed of with the aforesaid directions accordingly.