Reeshma Ramesan vs The State Of Jharkhand
2025 Latest Caselaw 739 Jhar

Jharkhand High Court

Reeshma Ramesan vs The State Of Jharkhand on 14 July, 2025

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

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             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr.M.P. No. 1604 of 2025

                     Reeshma Ramesan, IPS, wife of Sri Anjani Anjan, aged about 32
                     years, at present the Superintendent of Police, Palamau,
                     resident of Superintendent of Police, Palamau, P.O. & P.S.-
                     Medininagar, Town- Daltonganj, Dist.- Palamau, State-
                     Jharkhand                         ...... Petitioner
                                       Versus
                     1.

The State of Jharkhand

2. The Principal Secretary, Home, Prison and Disaster Management Department, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, Ranchi.

3. The Director General of Police, Government of Jharkhand, Police Headquarters, P.O. & P.S. Dhurwa, Ranchi.

4. The Deputy Commissioner, Palamau, P.O. & P.S. Medininagar, Town Daltonganj, District Palamau.

5. The Treasury Officer, Palamu, P.O. & P.S. Medininagar, Town Daltonganj, District Palamau.

..... Opposite Parties

For the Petitioner : Mr. Sachin Kumar , Adv.

Mr. Gaurav Raj , Adv.

                  For the State      : Mr. Pankaj Kumar, PP



                                  PRESENT

             HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY



By the Court:-    Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of BNSS, 2023 with a prayer for quashing and setting aside the order dated 14.05.2025 passed in S.T. case no. 147 of 1989, passed by learned Additional Sessions Judge -II, Palamau at Daltonganj whereby learned Additional Sessions Judge -II, Palamau at Daltonganj has observed that the attempts made by the petitioner is nothing but measure to hoodwink the said court and also observed that the petitioner has manipulated the letter dated 02.02.2025 by endorsing the seal of the P.S. Cyber Commissionerate without any date endorsed thereon along with the purported signatures of its

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receipt by the said Commissionerate. In this case, further prayer has also been made to quash the order dated 16.06.2025 passed in the said case, by learned Additional Sessions Judge -II, Palamau at Daltonganj whereby and whereunder, learned court below has passed a direction to stop the salary of the petitioner until further order.

3. The brief fact of the case is that the petitioner is the Superintendent of Police, Palamau. The accused persons of S.T. case no. 147 of 1989 namely Kundan Pandey and Rabin @ Rabindra Pandey were convicted in the said Sessions Trial case under Section 302 / 34 and 307/ 34 of IPC. It appears that convicts filed Cr. Appeal (D.B.) no. 191 of 1990 in this Court but vide judgment dated 19.12.2011 , the said appeal was dismissed and the conviction of the said two convicts were confirmed. The convicts then approached the Hon'ble Supreme Court of India vide SLP (Crl.) No. 3888 of 2013 and same was also dismissed vide order dated 01.03.2013. It appears that earlier in the said case, vide order dated 15.04.2024, the salary of the petitioner was ordered to be stopped till further notice by the predecessor judge, who was presiding over the court of learned Additional Sessions Judge -II, Palamau at Daltonganj and thereafter convict Rabin @ Rabindra Pandey was nabbed and was produced before the court by the Sub -Inspector of Police. The petitioner made an assurance by her letter dated 20.04.2024 that she would produce the absconding convict Kundan Pandey before the court without taking exception as expeditiously as possible. On the basis of the said assurance, the salary was directed to be released by the then learned Additional Sessions Judge -II, Palamau at Daltonganj vide order dated 23.04.2024. Thereafter, the D.O. letter dated 26.06.2024 was sent to the Superintendent of Police, Palamau by the learned Additional Sessions Judge -II, Palamau at Daltonganj and after that, a notice was sent to her, calling upon her to remain personally present in the court on 14.05.2025 along with the execution report of the process issued against the absconding

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convict -Kundan Pandey under Section 82/83 of CrPC and the permanent warrant of arrest was issued against the absconding convict -Kundan Pandey. The Superintendent of Police, Palamau directed the SHO, P.S. Manatu to submit the reports as was called for by the learned Additional Sessions Judge -II, Palamau at Daltonganj. On 14.05.2025, the In-charge, Officer-in-charge of Manatu P.S., and the Officer-in-charge of Tarhasi P.S., which Officer-in-charges have wrongly been described as the SHO in the impugned, appeared before the learned Additional Sessions Judge

-II, Palamau at Daltonganj, along with the letter bearing no. 418 of 2025 dated 14.05.2025. The letter was accompanied with the certificate issued by the village head of Gram Panchayat Arka, Tarhasi, District- Palamau and the letter dated 02.02.2025 to show the efforts that were taken by the Tarhasi P.S. to arrest the absconding convict - Kundan Pandey. It was reported by the In- charge, Officer-in-charge, Manatu P.S. that the convict - Kundan Pandey was not residing in village Sugi Arka under Tarhasi P.S. since last about 20 years and his house is also toppled, being left abandoned. It was also intimated by police from the secret sources that the absconding convict - Kundan Pandey is residing near Medchal Railway Station , Hyderabad and efforts were made to arrest him by the S.I. Manindara Kumar Sharma, by personally visiting Hyderabad, after obtaining necessary permissions from the D.I.G, Palamau but he was found absconding from his house at Hyderabad as well. On 09.05.2025, the partially constructed house of convict Kundan Pandey situated at village Sugi Arka was subjected to the mandate of Section 83 of Cr.PC in the presence of two independent witnesses and the chattels seized were placed on the safe custody of Malkhana of Manatu P.S.. Learned Additional Sessions Judge -II, Palamau at Daltonganj observed in his impugned order dated 14.05.2025, that the Superintendent of Police, Palamau did not furnish the execution report in the form prescribed and the letter filed by the In-charge, Officer-in-charge and the Officer-in-charge of the said two police

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stations, to whom the trial court has referred to as the emissaries of the petitioner, whereby it has been claimed that attempts were made to nab the absconding convict, also appears to be a measure to hoodwink his court, as the said letter appears to have been manipulated by endorsing the seal of P.S. Cyber Commissionerate, without any date endorsed thereon along with the purported signatures of its receipt by the said Commissionerate. Learned Additional Sessions Judge -II, Palamau at Daltonganj has observed that when this fact was put to the notice of the emissaries of the S.P, Palamau, the emissaries started sweating under panic and requested the court to grant one final opportunity to them and further assured that within 30 days from 14.05.2025, the absconding convict shall be positively nabbed and produced before the Additional Sessions Judge -II, Palamau at Daltonganj and by thus observing, learned Additional Sessions Judge -II, Palamau at Daltonganj granted one more final opportunity to the Superintendent of Police, Palamau and listed the case on 15.06.2025 and observed- "The S.P, Palamau shall stand bound down to remain present before this court (either in person or through video conferencing) without taking any exceptions thereto, come what may. Else, her recalcitrance shall be viewed sternly" and communicated the order to the Superintendent of Police, Palamau through the I/C Prosecution and the Director General of Police, Jharkhand through Nazarat. The case was next fixed to 15.06.2025 in response to the order dated 14.05.2025. The Director General of Police, Jharkhand directed the Superintendent of Police, Palamau to make necessary efforts. The case was next taken up by the trial court on 16.06.2025 apparently because 15.06.2025 was a holiday being a Sunday. On 16.06.2025 the learned trial court observed that neither the Superintendent of Police, Palamau nor any of her emissaries was present on her behalf on 16.06.2025 and there was no compliance and the life convict - Kundan Pandey was enjoying liberty without any impunity and that the conduct of the Superintendent of Police, Palamau is flagrantly disgraceful

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to the court, the same amounts to an offence under Section 174 of IPC and after expressing his dissatisfaction for the conduct of the Superintendent of Police, Palamau, directed that the salary of the Superintendent of Police, Palamau be stopped till further orders and directed the Superintendent of Police, Palamau to appear in person on the next date, failing which the court shall be constrained to secure her presence before the court through coercive processes apart from ensuring her prosecution under Section 174 of IPC and directed that the matter be place before learned Principal District Judge, Palamau with a request to place the matter before the forthcoming meeting of DLMC.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and she has highest regard to the order passed by the learned Additional Sessions Judge -II, Palamau at Daltonganj and that on receipt of the direction contained in Memo no. 354 of 2025 dated 30.04.2025, the petitioner issued a letter to the Office In-Charge Manatu, Police Station-cum-Sub-Inspector of Police to take immediate action in regard to execution of process U/S 82, 83 of the Cr.P.C and the permanent warrant of arrest against the absconding convict Kundan Pandey and submit execution report by 14.05.2025 before the learned Additional Sessions Judge -II, Palamau at Daltonganj and the same was also communicated to learned Additional Sessions Judge -II, Palamau at Daltonganj. It is next submitted by learned counsel for the petitioner that compliance of the order / direction of the learned Court of Additional District Judge-II, the process of 82,83 Cr.P.C. got well executed on 09.05.2025 in presence of two independent witnesses of the locality with the help of Officer In-Charge Tarhassi Police Station. The Officer In-Charge (I/C) Manatu Police Station and Officer In-Charge Tarhasi Police Station appeared before the court of learned Additional Sessions Judge -II, Palamau at Daltonganj and submitted a detailed report about the compliance of the entire order/direction of the Additional Sessions Judge -II, Palamau at Daltonganj. The two convicts are

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two brothers and have been residing at a place otherwise than their house since 20 years to prevent their arrest and the house of both the convicts was left abandoned and presently the same has been toppled. The compliance of the order through execution of process U/S 82,83 Cr.P.C. has been done properly on an under- constructed Pucca House comprising six rooms, built up by the convict.

5. It is next submitted by learned counsel for the petitioner that as soon as the Officer-in-Charge of Tarhasi Police Station came to know that Kundan Pandey @ Satyendra Padey is residing nearby Medchal Railway Station, Hyderabad, the Sub-Inspector, Manindra Kumar Sharma along with one Constable Pankaj Kumar proceeded on 31.01.2025 from Daltonganj Railway Station and they reached Hyderabad on 02.02.2025. A raid was conducted encircling the house of Kundan Pandey with the help of local police (Medchal Cyberabad Police Station). The Sub-Inspector Manindra Kumar Sharma made a requisition to the Inspector of Police, Medchal Cyberabad Police Station for assistance in cooperation in arresting the absconding accused person and after conducting the raid, the Inspector of Police, Medchal Police Station Cyberabad returned the letter dated 02.02.2025 endorsing it and mentioned therein that at 21:00 Hours the Police Officers returned and copy of the same is annexed as Annexure 6 series, starting from page 48 of this brief.

6. It is next submitted that on 14.05.2025, the officers furnished receipt of the requisition containing the time of submission and the time of return with seal and short signature of the Inspector of Medchal Cyberabad Police Station, Railway Reservation tickets, hand written certificate of Mukhiya of village Arka Panchayat and the report of execution of process U/S 82, 83 Cr.P.C. before the learned Court below and the photocopy of the receipt of the execution report in proper form was already submitted on 13.05.2025 in the office of the learned Additional Sessions Judge- II, Palamu at Daltonganj hence, it is submitted that the direction

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dated 14.05.2025 by learned Additional Sessions Judge-II, Palamu at Daltonganj has been complied with by the officers. It is next submitted that the petitioner being the head of the Police Administration of Palamu District, has been discharging/rendering her duties vigilantly having all honour and respect to the Courts and in-spite of all the compliance already done and further the officers were already deputed and indulged in apprehending the absconding convict Kundan Pandey @ Satyendra Pandey, the learned Additional Sessions Judge-II, Palamu at Daltonganj erroneously observed that the petitioner is merely making self-serving statements and also erroneously observed that that the attempts which were made to arrest the absconding convict appears to be a "measure to hoodwink the Court" since the letter dated 02.02.2025 was endorsed with only the seal of Medchal Police Station, Cyberabad without any date of endorsement with the purported signature of its receipt by the said Police Station.

7. It is next submitted by learned counsel for the petitioner that since it is evident from the entry made in the Station House General Diary at 12:30 Hours on 02.02.2025 that the Police Personnel were actually present before the Medchal Police Station, Cyberabad at 12:30 hours with a request for assistance in arresting the absconding accused and learned Additional Sessions Judge-II, Palamu at Daltonganj has failed to take into consideration the letter dated 02.02.2025. It is next submitted by the learned counsel for the petitioner that the act of learned Additional Sessions Judge-II, Palamu at Daltonganj to use the phrases such as "to break the slumber of the Superintendent of Police, Palamu", "appears to be a measure to hoodwink this Court" creates aspersion on the petitioner. It is then submitted that in fact, the petitioner has been having an unblemished career and has recently been awarded a commendation roll by the Director General of Police, Jharkhand, Certificate of Appreciation by the Chief Electoral Officer,

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Jharkhand and the certificate by the Chief Election Commissioner of India.

8. It is next submitted that though the case was fixed to 15.06.2025, for appearance of the petitioner before the court but 15.06.2025 was a Sunday, which is a holiday of the court concerned, therefore, the petitioner could not appear before the learned court below and learned court took up the matter of hearing on 16.06.2025 without any information to the petitioner and passed an order directing the stoppage of salary of the petitioner until further orders which is not in consonance with law, hence, it is submitted by learned counsel for the petitioner that the orders passed by learned court below are harassing and oppressive against the petitioner, hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition be allowed.

9. Learned Public Prosecutor submits that learned Additional Sessions Judge-II, Palamu at Daltonganj has exceeded his jurisdiction by unnecessarily using unkind phrases in a judicial order which was uncalled for. It is next submitted by learned Public Prosecutor that it is not forthcoming as to how the proclamation under section 82 of CrPC and the order of attachment of property under Section 83 of CrPC was issued to the petitioner simultaneously, that the accused is about to leave the jurisdiction of the court or is about to sell his property situated within the jurisdiction of the court. It is lastly submitted by learned Public Prosecutor that the State has no objection to the prayer made by the petitioner in this petition.

10. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that learned Additional Sessions Judge-II, Palamu at Daltonganj lost sight of the relevant provision of law while passing the impugned orders. It is pertinent to mention here that, under Section 73 of the CrPC, a court may direct a warrant to any person, within his local jurisdiction for arrest of inter alia an escaped convict. So, before issuing the notice to the petitioner vide

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order dated 14.05.2025, to appear in person, on 15.06.2025, which was a Sunday in the court of learned Additional Sessions Judge-II, Palamu at Daltonganj, it was incumbent upon the learned Additional Sessions Judge-II, Palamu at Daltonganj to first verify as to who was the person within the local jurisdiction of learned Additional Sessions Judge-II, Palamu at Daltonganj to whom the warrant was directed. The trial court also committed an error by fixing the case on Sunday that is to 15.06.2025, when it was very much aware that Sunday is a holiday for the courts in the state of Jharkhand. The trial court also committed an error by taking of the case on 16.06.2025 without any notice to the petitioner and behind her back passing an harsh order like stopping the salary of the petitioner.

11. Further the trial court was expected to take note that Section 73 (2) of the CrPC, mandates that the person, to whom a warrant is directed, shall acknowledge in writing the receipt of warrant. It is not forthcoming from either of the two impugned orders dated 14.05.2025 and 16.06.2025 in connection with S.T. case no. 147 of 1989 that the petitioner - the Superintendent of Police has acknowledged in writing the receipt of warrant which has been nomenclated as permanent warrant, after conviction of the escaped convict - Kundan Pandey @ Satyendra Pandey. The Execution of the warrant is primarily the responsibility of the person to whom the warrant is directed and it is not forthcoming as to why, if at all the learned Additional Sessions Judge-II, Palamu at Daltonganj found it just and proper to proceed against the person, who has not executed the warrant to whom it was directed, has not been proceeded against that person.

12. From the said impugned order dated 14.05.2025, it is not forthcoming as to on what basis learned Additional Sessions Judge-II, Palamu at Daltonganj, has treated the Officer -in - Charge, I/C Manatu Police Station and the Officer-in-Charge of Tarhasi Police Station to be the emissary of the Superintendent of Police, Palamau. In the absence of any materials to suggest that

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the permanent warrant of arrest was made to the petitioner- the S.P., Palamau and her acknowledgment in writing the receipt of such warrant, in the considered opinion of this Court, it was unnecessary and uncalled for on the part of the learned Additional Sessions Judge-II, Palamu at Daltonganj to use phrases like the S.P. Palamau hoodwinking the court or the D.O. letter was not sufficient to 'break the slumber of the Superintendent of Police, Palamu', more so because from the materials available in the record, it is apparent that the escaped convict Kundan Pandey @ Satyendra Pandey is not residing in any area within the local limits of jurisdiction of the Superintendent of Police, Palamau rather he last known to be resided under the jurisdiction of Cyberabad Police Station of Hyderabad.

13. Section 78 of CrPC provides the procedure for forwarding the warrant for execution outside the jurisdiction of the court issuing it. It is not forthcoming as to what prevented learned Additional Sessions Judge-II, Palamu at Daltonganj, after knowing that the escaped convict is last found to be resided under the jurisdiction of Cyberabad Police Station of Hyderabad in not forwarding the warrant of permanent warrant of arrest for execution in terms of the Section 78 of the CrPC.

14. Further though it is apparent that the convict -Kundan Pandey is having some immovable property, why the learned Additional Sessions Judge-II, Palamu at Daltonganj, has not taken any step for the attachment and sale of such property of the escape convict and why it has not passed orders for the sale of the chattel already attached. It is also not forthcoming as to when learned Additional Sessions Judge-II, Palamu at Daltonganj, directed the petitioner to appear before the said court on 15.06.2025 but the case was not taken on 15.06.2025 being Sunday, the court was not open, why a fresh notice was not issued mentioning a fresh date for appearance of the petitioner rather the case was taken up on 16.06.2025.

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15. It is pertinent to mention here that this Court is conscious of the fact that there is a reference to the assurance given by the petitioner for arrest and production of the escaped convict. But the trial court must keep in mind that the police officers normally do not take too technical a view in respect to the court orders. But the judicial courts are expected to adhere to all the relevant provisions of law while passing an order either for directing the personal appearance of the Superintendent of police or for passing orders for stoppage of the salary. It is also pertinent to mention here that returning a warrant of arrest unexecuted with reasons why it could not be executed cannot be termed as a disobedience of the order of the court.

16. In view of the discussions made above, this Court has no hesitation in holding that passing of the adverse order including a harsh order like stopping salary of the petitioner without giving any notice to her, behind her back, by taking of the case on 16.06.2025, is not sustainable in law.

17. Accordingly, the order dated 16.06.2025 so far it relates to the castigations and insinuation against the petitioner as well as the order to stop the payment of salary to her, is quashed and set aside.

18. Because of the discussions made above, the observation made by learned Additional Sessions Judge-II, Palamau at Daltonganj, that only because the seal was put by the police of Cyberabad Commissionerate, it amounts to manipulation, is unnecessary and uncalled for, because manipulation of the seal of a Police Station amounts to creation of a false document, punishment for which has been provided under Section 465 of IPC but without any communication or verification from the Police Station of Cyberabad Commissionerate, learned Additional Sessions Judge-II, Palamau at Daltonganj, was not expected to make such serious observations and such observations are not expected from a responsible judicial officer. Hence, all the observations adverse to the petitioner, made in the said order

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dated 14.05.2025 is being unnecessary and uncalled for, are also quashed and set aside.

19. This Criminal Miscellaneous Petition is disposed of with a direction to the learned Additional Sessions Judge-II, Palamau at Daltonganj to take steps for sale of the movable property already attached and also to take steps for attachment of immovable property of the escape convict Kundan Pandey @ Satyendra Pandey and also to forward the warrant of arrest of the escaped convict to the Commissioner of Police, Cyberabad Commissionerate and also to take appropriate steps against the bailors of the escape convict - Kundan Pandey.

20. In view of the disposal of this Criminal Miscellaneous Petition, the Interlocutory Application, if any, also stands disposed of being infructuous.

21. In the result, this Criminal Miscellaneous Petition is allowed.

22. Let the copy of this judgment be communicated through FAX to the court concerned at the cost of Rs. 50/- per page, to be borne by the petitioner.

(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 14th July, 2025 Smita /AFR