Manjunath @ Manjunath Bhajantri vs The State Of Jharkhand Through ...
2023 Latest Caselaw 1304 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P. (Cr.) No. 571 of 2022
            Manjunath @ Manjunath Bhajantri                      ... Petitioner
                                      -Versus-
            The State of Jharkhand through Principal Secretary, Department of Home,
            Jail and Disaster Management, Ranchi & others       ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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            For the Petitioner       : Mr. Indrajit Sinha, Advocate
            For the State            : Mr. Mohammad Asghar, A.C. to Sr. S.C.-II
            For the UOI              : Mr. Anil Kumar, A.S.G.I.
                                       Ms. Chandana Kumari, A.C. to A.S.G.I.
                                               -----

05/23.03.2023     Mr. Indrajit Sinha, learned counsel for the petitioner submits that the

petitioner is posted as the Deputy Commissioner, Deoghar. He further submits that zero FIR has been lodged by respondent no.4 at Delhi for the alleged occurrence in Deoghar. He also submits that in spite of best effort the certified copy of the said zero FIR has not been supplied to the petitioner. He submits that this fact has also been supported in the affidavit filed by the State of Jharkhand.

2. Mr. Mohammad Asghar, learned counsel for the State submits that the communication has been made to Delhi Police to transfer the zero FIR at Deoghar Police so that it may be investigated.

3. Mr. Indrajit Sinha, learned counsel for the petitioner further submits that in zero FIR, P.S. Case is not available. In that view of the matter, he submits that defect nos. 9(ii) and 9(iii) may kindly be ignored for the time being. He further submits that so far as defect no.9(iv) is concerned, certified copy of Kunda P.S. Case No.169 of 2022 has been asked to be filed by the office, that case is not under challenge in this petition. He further submits that however the photocopy of the said Kunda P.S. Case No.169 of 2022 shall be filed by 28.03.2023. He further submits that the petitioner came to learn about the lodgment of the said zero FIR from the official Twitter handle of the informant-respondent no.4, wherein, it was uploaded and, thereafter, the petitioner took steps to obtain the certified copy of the said FIR and caused a requisition to be filed before Patiala House Courts in New Delhi, but it was informed to the petitioner that certified copy of the FIR cannot be made available to him for the reason that the concerned police station has not sent the copy of the FIR to the court concerned. He

submits that to the best of the knowledge of the petitioner, till date the FIR has not been transferred by the Delhi Police to Deoghar Police. He further submits that for the identical occurrence on the same day, another FIR has been lodged by Deoghar Police being Kunda P.S. Case No.169 of 2022, which has already been quashed by this Court vide judgment dated 13.03.2023.

4. In view of the above, Mr. Anil Kumar, learned A.S.G.I., appearing for the Union of India shall take instruction and file counter affidavit within three weeks.

5. A counter affidavit has already been filed on behalf of the respondent- State. However, it is open to respondent nos. 1 and 3, if they want to file further affidavit, they may file by way of supplementary counter affidavit within the aforesaid period.

6. Issue notice to respondent no.4 by ordinary process as well as registered post with A/D, for which, requisites etc. must be filed within a week.

7. Till the next date, no coercive steps shall be taken against the petitioner in connection with zero FIR No.001, dated 03.09.2022 at North Avenue Police Station, New Delhi.

8. Let it appear on 25.04.2023.

(Sanjay Kumar Dwivedi, J.) Ajay/