Hira Devi @ Hira Kuwar vs The State Of Jharkhand
2021 Latest Caselaw 510 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (Cr.) No. 391 of 2017
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1. Hira Devi @ Hira Kuwar

2. Santosh Kumar ...Petitioner(s).

Versus

1. The State of Jharkhand

2. The Secretary, Department of Home, Government of Jharkhand, Ranchi

3. The Secretary, Welfare Department, Government of Jharkhand, Ranchi

4. The Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi

5. Director General of Police, Jharkhand, Ranchi

6. Superintendent of Police, Latehar, P.S. Latehar

7. Superintendent of Police, Palamu, P.S. Palamu

7. Pramod Kumar Singh, Officer-in-charge, Chainpur P.S. ... Respondent(s)

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          CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                             Through: Video Conferencing
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For the Petitioner(s) : Mr. Amit Kumar, Advocate. For the State : Mr. Aditya Raman, A.C. to G.A. III

03/03.02.2021: In this writ petition petitioners have made the following prayers.

a. For direction to the government of Jharkhand to provide compensation to the petitioners as per the provision of "GUIDELINES OF CENTRAL SCHEME FOR ASSISTANCE TO CIVILIANS VICTIMS/FAMILY OF VICTIMS OF TERRORIST, COMMUNAL AND NAXAL VIOLENCE" and judgment passed by Hon'ble Jharkhand High Court in W.P. (PIL) 2584 of 2011 or any other provision of law. b. For direction to the government of Jharkhand to make fair investigation of the alleged fact/encounter by C.I.D. or C.B.I. or any other independent agency for making the truth of the entire fact unearthed.

c. For direction to the government of Jharkhand to provide compassionate job to the family members/dependent of the deceased namely Choutu @ Manoj Kumar Choudhary. d. For direction to the government of Jharkhand to take immediate necessary step to implement of rehabilitation facility to the family members/dependent of the deceased namely Choutu @ Manoj Kumar Choudhary.

e. For direction to the government of Jharkhand to take immediate necessary step to stop the fake encounter in the name of extremist and to take immediate necessary step to investigate the entire encounter made by police in the name of extremist.

So far as prayer no. "a'' is concerned in Criminal Writ jurisdiction no direction can be given to frame guidelines. Further so far as prayer no. "b" is concerned counsel for the petitioners submits that in Barwadih P.S. Case No. 03 of 2004, corresponding to G.R. No. 09 of 2004 investigation has already been completed and final report has been submitted. It is submitted that he is aggrieved by the final report but admits that he has not filed any application before the court below by way of protest cum complaint petition.

So far as prayer nos. "c","d" & "e" are concerned, the same cannot be granted in the criminal jurisdiction. Thus, there is no ground to entertain this writ petition.

Accordingly, this writ petition stands dismissed with a liberty to the petitioners to approach the appropriate forum/authority.

(ANANDA SEN, J.) Rajnish/C.P. 3