Court On Its Own Motion vs The State Of Jharkhand And Others
2022 Latest Caselaw 3495 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
             W.P. (PIL) No. 2696 of 2021
                  Court on its Own Motion
                        Versus
The State of Jharkhand and others ...        ...      ...   Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the State: Mr. Piyush Chitresh, A.C. to A.G. For the CBI: Mr. Prashant Pallav, A.S.G.I.

Mr. Parth Jalan, A.C. to A.S.G.I.

For the JPSC/JSSC: Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate

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Oral Order 35/Dated: 31.08.2022

We have heard learned counsel for the CBI. The investigating

Officer is also present.

The CBI has relied upon a decision of the Kerala High Court

which lays down in paragraph 22 that even after conclusion of the

trial, the right of Police to continue with the investigation is not

abrogated, especially in special circumstances which have been

mentioned therein. It is also stated that the S.L.P. filed against the

aforesaid judgment of the Kerala High Court was also dismissed by

the Hon'ble Supreme Court and that order passed in Special Leave to

Appeal Crl. No. 4923 of 2012, Special Leave to Appeal Crl. No. 4924

of 2012 have also been produced for our perusal.

Let a progress report regarding further steps having been taken

by the CBI be filed by the next date of hearing.

We have also been monitoring the appointments in Jharkhand

State Forensic Science Laboratory because on earlier occasion we

have recorded in our order dated 17.06.2022 regarding the lack of

facility and the lack of manpower in the aforesaid Laboratory.

Mr. Sanjoy Piprawall, learned counsel has appeared for the

JPSC/JSSC and submits that the JPSC and the JSSC both have

already sent recommendations for appointment on certain posts in

March/April, 2022 itself which is pending with the State authorities.

Mr. Piyush Chitresh, A.C. to A.G., on instructions, submits that

the aforesaid appointments have already been made.

Let an affidavit to that extent be filed by the State on or before

the next date of hearing.

Put up this matter on 16.09.2022.

(Dr. Ravi Ranjan, C.J.)

(Sujit Narayan Prasad, J.) Manoj/VK