Ankush Kumar Sahu @ Ankush Sahu vs The State Of Jharkhand
2024 Latest Caselaw 10614 Jhar

Jharkhand High Court

Ankush Kumar Sahu @ Ankush Sahu vs The State Of Jharkhand on 25 November, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Navneet Kumar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
      Criminal Appeal (D.B.) No.378 of 2024
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Ankush Kumar Sahu @ Ankush Sahu ... Appellant Versus The State of Jharkhand ... ... Respondent

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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Mr. Ranjan Kumar Singh, Advocate : Mr. Santosh Kumar, Advocate For the Respondent : Mr. Sanjay Kr. Srivastava, A.P.P.

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th Order No. 07/Dated 25 November, 2024

1. Reference may be made to the order dated 30.09.2024

whereby and whereunder this Court has specifically directed

the learned Additional Public Prosecutor to seek instruction

and file an objection with regard to societal impact and

criminal antecedent of the present appellant.

2. Mr. Sanjay Kumar Srivastava, learned Additional

Public Prosecutor has submitted that although the said order

has been communicated to the concerned authority on the

same day, but he has not received any instruction.

3. This Court is failed to understand that how the

Investigating Officer/Officer-in-charge or the concerned

authority, who are in the helms of affair, cannot respond to

the communication made regarding the judicial order passed

by this Court.

4. This Court has already given one opportunity to file

objection in view of the judgment passed by Hon'ble Apex

Court in Somesh Chaurasia v. State of M.P. and Another

reported in 2021 SCC OnLine SC 480 wherein as per

paragraph 21 one opportunity is to be given to the

prosecuting agency to file objection and if no objection is filed,

then the Court is to pass order on merit.

5. This Court was about to communicate this order to

the Director General of Police to conduct an enquiry regarding

the said conduct of the concerned Investigating

Officer/Officer-in-charge but before doing that this Court is of

the view that the Investigating Officer/Officer-in-charge of the

concerned Police Station is to be called.

6. The Senior Superintendent of Police, Ranchi is

directed to apprise this Court by filing an affidavit that even

though the communication was made on 30.09.2024 as to

what follow up action has been taken to ensure the

compliance of the order passed by this Court dated

30.09.2024.

7. The Investigating Officer/Officer-in-charge of the

concerned Police Station is directed to appear in person on

the next date of hearing.

8. Let this matter be posted on 02.12.2024 so that the

required affidavit be filed on or before the next date of

hearing.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) Birendra/