Shashi Devi vs The State Of Jharkhand And Others
2023 Latest Caselaw 3548 Jhar

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 537 of 2022

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      Shashi Devi                                      .... Petitioner
                                 --   Versus   --
      The State of Jharkhand and Others                .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. R.S.Mazumdar, Senior Advocate Mr. Nishant Kumar Roy, Advocate For the State :- Ms. Omiya Anushka, Advocate

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6/18.09.2023 This petition has been filed for direction to transfer the

investigation of Bank More P.S.Case No.219 of 2022, pending in the court

of learned Chief Judicial Magistrate, Dhanbad.

2. Mr. Mazumdar, the learned counsel appearing for the

petitioner submits that son of the petitioner has been shot down by the

Dhanbad police in an alleged case of robbery and the said police officer

has been awarded by the then D.G.P., Jharkhand. He submits that in view

of that, the matter is required to be handed over to another agency

either of the Government of Jharkhand or of the Union of India.

3. Learned counsel for the respondent State submits that it

appears that the petitioner has represented before the D.G.P., Jharkhand

by way of filing representation as contained in Annexure-5 series as well

as other authorities and that can be considered.

4. In view of the above submission and considering that the

police officer who has made encounter of the son of the petitioner has

been awarded by the then D.G.P., Jharkhand and further considering the

case of People's Union for Civil Liberty and Other v. State of

Maharashtra and Others, (2014) 10 SCC 665, wherein it has been

held that if such a situation is there, either by way of S.I.T or other

investigation agency the case is required to be investigated. The further

guidelines are made in paragraph no.31.3 of the said judgment.

5. In view of the above facts and considering that the

representation is already pending before the competent authority, this

petition is being disposed of with liberty to the petitioner to file a fresh

petition before the Director General of Police, Jharkhand annexing the

judgment of the Hon'ble Supreme Court rendered in the case of

People's Union for Civil Liberty and Other(supra) within two weeks.

6. If such a petition is filed, the Director General of Police,

Jharkhand shall take a decision on the representation of the petitioner

within three weeks further thereafter and will pass appropriate order with

regard to transfer of the case to any independent agency.

7. The decision shall be communicated to the petitioner.

8. This petition is disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/