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2019 Supreme(Jhk) 1448
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, J.
Mukesh Kumar @ Mukesh Kumar Singh - Appellant
Versus
State Of Jharkhand - Respondent
Writ Petition (Criminal) No. 391 of 2018
Decided On : 31-01-2019
B.M. Tripathi, Adv., Madhav Prasad, Adv., Manoj Kumar, Adv., Anil Kumar, Adv.
Fair investigation is a legal mandate in criminal cases and is the responsibility of the investigating officer.
Headnote:
Fair Investigation - Criminal Law - The court found that the petitioners, as accused in a criminal case, could not demand a fair investigation while the case was still ongoing. The court emphasized that fair investigation is a legal mandate and would be carried out by the investigating officer.
Fact of the Case:
The petitioners, accused in a criminal case, sought a direction for fair investigation in the case as it was still ongoing. They claimed that certain aspects of the case needed further investigation.
Finding of the Court:
The court found no ground to issue any direction to the respondents, emphasizing that fair investigation is a legal mandate and would be carried out by the investigating officer.
Issues: The issue was whether the petitioners, as accused in a criminal case, could demand a fair investigation while the case was still ongoing.
Ratio Decidendi: The court held that fair investigation is a legal mandate and would be carried out by the investigating officer, and the petitioners could not demand a fair investigation while the case was still ongoing.
Final Decision: The writ petition stands disposed of with no direction issued to the respondents.
JUDGMENT
Shree Chandrashekhar, J. - The petitioners, who are accused in Namkum P.S. Case No.98 of 2017 which has been registered for the offences under section 302/120B r/w 34 IPC, seek a direction upon the respondents for fair investigation in the case.
2. The petitioners are named accused in the First Information Report. It is stated that the investigation in Namkum P.S. Case No.98 of 2017 is still continuing, primarily for the reason that the petitioners are not within the cognizance of the court as they have not been granted bail/anticipatory bail. The petitioners, who have written letter dated 19.08.2017 to the Superintendent of Police, Ranchi, have asserted that certain aspects of the case need investigation for finding the truth on the allegations made in the written report dated 27.04.2017. On this plea it needs to be recorded that if investigation in Namkum P.S. Case No.98 of 2017 is still continuing, petitioners are not the persons who can say that the investigating officer is not proceeding on the right lines or that he has not conducted a fair investigation in the matter. Of course, if the relatives of the husband or the neighbours have yet not been examined by the investigating officer the petitioners can have knowledge of the same and therefore they can raise a grievance on that count.
3. Mr. Manoj Kumar, the learned State counsel submits that anxiety of the petitioners are unfounded. A fair investigation in the case is the mandate in law which certainly would be done by the investigating officer.
4. In view of the aforesaid facts, I find no ground to issue any direction to the respondents in the matter and accordingly, this writ petition stands disposed of.
