RAJESH SHANKAR
Bodhi Pandit – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
The present writ petition was initially filed by Tekni Devi W/o Sri Teklal Pandit (hereinafter referred as the original petitioner) for issuance of direction upon the respondents, particularly, the Superintendent of Police, Giridih (the respondent No.2) to take legal action against the named accused persons of Bagodar (Sariya) P.S. Case No. 88 of 2010 dated 07.05.2010 instituted for the offence under Sections 366(A)/34 of IPC as the accused persons were roaming freely in the locality and were even seen with the local police. Further prayer was made for taking necessary action to search the daughter of the original petitioner, who was allegedly kidnapped by the accused persons.
2. Subsequently, after the death of the original petitioner, her brother, namely, Bodhi Pandit S/o Hiraman Pandit (hereinafter referred to as the present petitioner) has been substituted as the petitioner.
3. In the present case, Mr. Indrajit Sinha, Advocate, was appointed as Amicus Curiae vide order dated 05.08.2022 to assist this Court.
4. Heard Mr. Indrajit Sinha, learned Amicus Curiae, and learned counsel appearing on behalf of the State.
5. Learned Amicus Curiae has submitted written notes of arg
Bachpan Bachao Andolan vs. Union of India and Ors.
Ram Bihari Yadav vs. State of Bihar
Pooja Pal vs. Union of India and Ors.
(1) Kidnapping of girl child – Petition seeking direction for effective Police investigation – If police do not play their role effectively and with due diligence, entire prosecution case is bound to....
The responsibility of police to conduct prompt, diligent, and transparent investigations is paramount, especially in cases of missing persons, ensuring public trust and justice.
The court established that missing person cases require urgent action and compliance with existing SOPs and legal obligations, emphasizing the presumption of abduction or trafficking.
Point of law: Magistrate's power Under Section 156(3) of the Code of Criminal Procedure is very wide, for it is this judicial authority that must be satisfied that a proper investigation by the polic....
The duty of the Investigating Officer to find the truth, the powers of the Magistrate to ensure proper investigation, and the importance of fair and just investigation under Article 21 of the Constit....
The main legal point established in the judgment is the requirement for a fair investigation and the dismissal of frivolous petitions aimed at interfering with the investigation process.
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