Jharkhand High Court
Ramesh Kumar Rahi vs The State Of Jharkhand on 31 March, 2022
1 W.P. (Cr.) No.354 of 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 354 of 2021
Ramesh Kumar Rahi, aged about 57 years, son of Late
Chandgi Ram, resident of Durga Mandir Road, Hirapur,
Dhanbad, P.O., P.S. and District- Dhanbad.
..... Petitioner
Versus
1. The State of Jharkhand.
2. Chief Secretary, Government of Jharkhand, Ranchi, Project
Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur,
District- Ranchi
3. Director, General-Cum-Chief of Anti-Corruption Bureau,
Government of Jharkhand, Ranchi, DGP Office, Kanke
Road, P.S. Gonda, P.O. Morhabadi, District- Ranchi
4. Anti-Corruption Bureau through D.I.G. having office near
Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur,
District- Ranchi.
5. Superintendent of Police, ACB, Government of Jharkhand,
Kanke Road, P.S. Gonda, P.O. Morhabadi, District- Ranchi.
..... Respondent
.....
For the Petitioner : Mr. Nilesh Kumar, Advocate
For the State : Mrs. Vandana Singh, Sr. SC- III
.....
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court: - Heard the parties.
2. This writ petition has been filed invoking the
jurisdiction of this Court under Article 226 of the Constitution
of the India for direction upon the concerned respondent to
conclude the investigation of Vigilance P.S. Case No.30 of 2016
(Vigilance Case No.32 of 2016), Vigilance P.S. Case No.31 of
2016 (Vigilance Case No.33 of 2016) and Vigilance P.S. Case
No.32 of 2016 (Vigilance Case No.34 of 2016), in accordance
with statute and as per the materials in the record as soon as
possible.
3. It is submitted by the learned counsel for the
petitioner that the petitioner is one of the witness in the
present case and after much persuasion by the petitioner and
others to the competent authority; the present case has been
instituted after thorough internal enquiry which relates to
defalcation and misappropriation of huge Government fund
related with land acquisition of Tilatand Munra, District-
Dhanbad. It is then submitted by the learned counsel for the
petitioner that even after more than five years till now, charge
sheet has not yet been submitted. It is further submitted by the
learned counsel for the petitioner that the petitioner submitted
several representations to the competent authority for
completion of the investigation but it is of no avail. Hence, it is
submitted that the prayer of the petitioner as mentioned above
be allowed.
4. Mrs. Vandana Singh, learned Senior Standing
Counsel-III on the other hand opposes the prayer and submits
that the petitioner has no locus standi to file this petition and in
this respect, learned Senior Standing Counsel-III relied upon
the judgment of Hon'ble Supreme Court of India in the case of
Vinoy Kumar vs. State of U.P. And Others reported in (2001)
4 SCC 734, paragraph no.2 of which reads and under:-
"2. Generally speaking, a person shall have no locus
standi to file a writ petition if he is not personally
affected by the impugned order or his fundamental
rights have neither been directly or substantially
invaded nor is there any imminent danger of such rights
being invaded or his acquired interests have been
violated ignoring the applicable rules. The relief under
Article 226 of the Constitution is based on the existence
of a right in favour of the person invoking the
jurisdiction. The exception to the general rule is only in
cases where the writ applied for is a writ of habeas
corpus or quo warranto or filed in public interest. It is a
matter of prudence, that the court confines the exercise
of writ jurisdiction to cases where legal wrong or legal
injuries are caused to a particular person or his
fundamental rights are violated, and not to entertain
cases of individual wrong or injury at the instance of
third party where there is an effective legal aid
organisation which can take care of such cases. Even in
cases filed in public interest, the court can exercise the
writ jurisdiction at the instance of a third party only
when it is shown that the legal wrong or legal injury or
illegal burden is threatened and such person or
determined class of persons is, by reason of poverty,
helplessness or disability or socially or economically
disadvantaged position, unable to approach the court for
relief."
and submitted that the fundamental right of the
petitioner is neither been directly or substantially invaded nor
is there any imminent danger of such rights being invaded or
his acquired interests have been violated ignoring the
applicable rules. It is further submitted by the learned Senior
Standing Counsel-III that the Anti-Corruption Bureau is
carrying out the investigation whole heartedly but since the
case involves voluminous records so, without complete
investigation which is taking considerable time, final form
cannot be submitted by the Anti-Corruption Bureau in the
cases till today but the learned Senior Standing Counsel-III
assures that the Anti-Corruption Bureau will make all efforts
for expeditious investigation of the case. It is lastly submitted
that since the petitioner has no locus standi to file the petition,
the same be dismissed being not maintainable.
5. Having heard the submissions made at the Bar
and after going through the materials in the record, this Court
finds that the petitioner has failed to establish that any of his
fundamental rights have been invaded or acquired interest
have been violated ignoring the applicable rules. Hence, this
Court is of the considered view that the petitioner has no locus
standi to file this writ petition. .
6. Accordingly, this writ petition is dismissed being
not maintainable.
7. Before parting, it is pertinent to mention here that
since the learned Senior Standing Counsel-III has submitted
that the Anti-Corruption Bureau is taking steps for
expeditious investigation of the case, it is expected that the
investigation of the case will be done in terms of the
Resolution 1623/Anu. dated 07.08.2015 of the Anti-Corruption
Bureau, Ranchi.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 31st March, 2022
AFR/ Sonu-Gunjan/-
