Tarun Kumar Khara Son Of Late G.M. Khara vs The State Of Jharkhand
2024 Latest Caselaw 346 Jhar

Jharkhand High Court

Tarun Kumar Khara Son Of Late G.M. Khara vs The State Of Jharkhand on 12 January, 2024

Author: Ananda Sen

Bench: Ananda Sen

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P.(Cr.) No. 632 of 2023
                  Tarun Kumar Khara son of Late G.M. Khara, resident of Mukti
                  Saran Lane, Lalpur, PO PS Lalpur, District Ranchi.
                                                            ...     Petitioner
                                           -versus-
                  1. The State of Jharkhand
                  2. The Director General of Police, Jharkhand, Ranchi.
                  3. The Senior Superintendent of Police, Ranchi.
                  4. The Superintendent of Police (City), Ranchi.
                  5. The Deputy Superintendent of Police, Kanke Road, Ranchi.
                  6. The Officer-In-Charge of Sadar Ranchi.
                  7. Kiran Singh daughter of Raj Nandan Singh, resident of Vastu
                  Vihar, Rudia, PO Neori Vikash, PS Sadar, District Ranchi,
                  presently residing at 201 'A' Maa Ambika Tarun Dipta Apartment,
                  Dela Toli, Kokar, PO Kokar, PS Sadar, District Ranchi.
                  8. Madhukar Singh son of Ayodhya Singh, resident of Singh More,
                  PO Hatia, PS Jagannathpur, District Ranchi.
                                                            ...     Respondents
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                          CORAM : SRI ANANDA SEN, J.

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For the Petitioner : Mr. Nikhilesh Kumar Chatterjee, Advocate For the Respondents : Mr. Sandeep Verma, AC to Sr. SC III

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5/ 12.01.2024 Heard learned counsel for the petitioner and learned counsel for the State-respondents.

2. Petitioner, in this writ petition under Article 226 of the Constitution of India, has prayed for the following reliefs: -

(i) For issuance of appropriate writ(s), order(s), direction(s), particularly a writ in the nature of mandamus, commanding upon the respondents especially the administrative authorities to arrest the respondent No.7 & 8 and investigate the matter through the Officer, not the below rank of Superintendent of Police and submit status report regularly before the Hon'ble High Court till submission of charge sheet, being Sadar P.S. Case No. 75/21 dt. 14/2/21 under Section 406, 420, 467, 468, 471 and 120B of I.P.C.

now pending in the Court of A.C.J.M., Ranchi;

(ii) For issuance of appropriate direction to respondent no.2 to constitute a committee against the respondent no.6 and enquire the matter in respect of no action has been taken in complaint submitted by the petitioner against the respondent nos.7 and 8.

3. This Court cannot give any direction to the police authorities to arrest any person. It is the duty of the Investigating Officer, who is investigating the criminal case to arrest an accused that too in accordance with law, especially taking into consideration several judgments of the Hon'ble Supreme Court in this matter. Further, criminal case is pending before the Additional Chief Judicial Magistrate, Ranchi, thus, prayer made in this writ petition is misconceived. I am not inclined to entertain this writ petition. This writ petition is, accordingly, dismissed.

(Ananda Sen, J.) Kumar/Cp-03