Dukhni Bhakat vs The State Of Jharkhand & Others
2021 Latest Caselaw 3818 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (Cr.) No. 74 of 2018
             Dukhni Bhakat                                               ... Petitioner
                                        -Versus-
             The State of Jharkhand & Others                             ... Respondents
                                             With
                                 W.P. (Cr.) No. 286 of 2018
             Guddu Gupta @ Brij Mohan Gupta                              ... Petitioner
                                        -Versus-
             State of Jharkhand & Others                                ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Ajit Kumar, Sr. Advocate [In W.P. (Cr.)-74/2018] For the State : Mr. P.C. Sinha, A.C. to G.A.-III [In W.P.(Cr.)-286/2018]

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09/06.10.2021. Heard Mr. Ajit Kumar, learned Senior counsel for the petitioner and

Mr. P.C. Sinha, learned counsel for the respondent-State.

These criminal writ petitions have been taken through Video

Conferencing in view of the guidelines of the High Court taking into account

the situation arising due to COVID-19 pandemic.

A reference may be made to the order dated 06.08.2019 which

speaks for itself. By the said order, direction was issued to the CID to bring

on record up to date status of the investigation.

Mr. P.C. Sinha, learned counsel for the respondent-State draws

attention of the Court to the supplementary counter affidavit dated

09.09.2021 and submits that the ADG, CID had personally reviewed the

matter and instructed the Investigating Officer to conduct further

investigation specifically on 17 points.

Learned Senior counsel for the petitioner submits that highers are

involved and that is why the CID is investigating the matter. By way of

relying upon the judgments rendered by the Hon'ble Supreme Court in the

case of Disha v. State of Gujarat & Others , reported in (2011) 13 SCC

337 and in the case of Dharam Pal v. State of Haryana & Others ,

reported in (2016) 4 SCC 160, Mr. Ajit Kumar, learned Senior counsel for

the petitioner submits that it is a fit case to handover the case to the CBI.

The case is registered under Section 376(2)(i) and 376(D) of the

Indian Penal Code and under Section 4 of the Protection of Children from

Sexual Offences (POCSO) Act. Recently, the Hon'ble Supreme Court has

dealt with POCSO Act in the case of Satyama Dubey v. Union of India ,

reported in (2020) 10 SCC 694 wherein certain directions have been

given and the States are directed to follow that direction.

The State is allowed further four weeks' time to bring on record the

fact, as disclosed in paragraph 13 of the supplementary counter affidavit on

the point that what has happened in the investigation in light of the

direction of the ADG, CID.

On the next date, appropriate order shall be passed.

Post these matters on 18.11.2021.

(Sanjay Kumar Dwivedi, J.) Ajay/