Jharkhand High Court
Tahira Tabassum vs The State Of Jharkhand on 5 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 185 of 2021
Tahira Tabassum, aged about 33 years, wife of Munir Alam, Resident
of Rahmat Colony Near Imam Bara, P.O. & P.S. Doranda, District-
Ranchi, Jharkhand ... Petitioner
-Versus-
1. The State of Jharkhand, through its Chief Secretary at Project
Bhawan, Dhurwa, P.O. Dhurwa, P.S. Hatia, District- Ranchi, Jharkhand
2. The Principal Home Secretary, Govt. of Jharkhand, Project Bhawan,
P.O. Dhurwa, P.S. Hatia, District- Ranchi, Jharkhand
3. The Sr. Superintendent of Police, Ranchi, P.O. G.P.O. Ranchi, P.S.
Kotwali, District- Ranchi, Jharkhand
4. The Officer-in-Charge, Doranda Police Station at Doranda, P.O. & P.S.
Doranda, District- Ranchi, Jharkhand
5. Md. Munir Alam, son of Basir Alam
6. Samsul Mansuri, son of Basir Alam
7. Shehnaj Begum, wife of Samsul Mansuri
All respondent nos. 5 to 7 are resident of Dakhin Tola, P.O. Sultanpur,
P.S. Amarpur, District- Banka, State of Bihar ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Deepak Kumar Sinha, Advocate
For the State : Mr. Kaushik Sarkhel, G.A.-V
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02/05.08.2021. Heard Mr. Deepak Kumar Sinha, learned counsel for the petitioner and
Mr. Kaushik Sarkhel, learned counsel for the respondent-State.
This criminal writ petition has been heard through Video Conferencing
in view of the guidelines of the High Court taking into account the situation
arising due to COVID-19 pandemic. None of the parties have complained
about any technical snag of audio-video and with their consent this matter
has been heard.
This criminal writ petition has been filed for direction upon the
respondents to enquire into the matter by constituting an impartial enquiry
committee presided over by not lower than the rank of the Principal Home
Secretary, Government of Jharkhand (respondent no.2) under what
condition and circumstances Doranda P.S. Case No.68 of 2020 dated
02.03.2020 arising out of Complaint Case No.1708 of 2018 has not been
concluded till now.
It is statutory obligation and duty of police to investigate into crime
and courts normally ought not to interfere and guide investigating agency
as to what manner investigation has to proceed. The jurisdiction under
Article 226 of the Constitution of India and under Section 482 of the Code
of Criminal Procedure has to be exercised sparingly, carefully and with
caution, only where such exercise is justified by the test laid down in
various judgments.
In view of the above facts, this Court is not inclined to pass any
positive order. However, the petitioner is at liberty to file a fresh
representation before the Senior Superintendent of Police, Ranchi, who will
look into the matter and pass appropriated order.
Accordingly, this criminal writ petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
