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2020 Supreme(Jhk) 1082

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Chandrika Yadav @ Chandrika Mahto – Petitioner
Versus
The State of Jharkhand and Others – Respondents
W.P. (Cr.) No. 183 of 2020
Decided On : 12-10-2020

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Shree Niwas Roy, Mr. Arwind Kumar.
For the Respondent: Mr. P.A.S. Pati.

The main legal point established in the judgment is the court's authority to intervene and direct the transfer of an investigation to a specialized agency, as well as to initiate an independent inquiry into the conduct of law enforcement officers involved in the investigation.

Headnote:

Investigation - Criminal Law - Indian Penal Code - Sections 302, 120B, 34 - The court directed the Director General of Police to transfer the investigation to the CID and set up an independent inquiry on the role of the Investigating Officer and the Supervising Authority.

Fact of the Case:

The petitioner sought legal action against the accused persons in a case involving the death of the petitioner's daughter and her three minor children due to burn injuries. The petitioner alleged that the police were not investigating the occurrence properly and were helping the accused persons.

Finding of the Court:

The court found serious lapses in the investigation and supervision of the case, including missing statements of witnesses, contradictory information about video recordings of the deceased's statement, and unsupported theories proposed by the Supervising Authority.

Issues: The issues included the adequacy of the police investigation, the conduct of the Investigating Officer and the Supervising Authority, and the credibility of the evidence gathered.

Ratio Decidendi: The court's decision was based on the serious doubts raised about the manner in which the investigation was conducted and supervised, leading to the directive to transfer the investigation to the CID and initiate an independent inquiry into the roles of the Investigating Officer and the Supervising Authority.

Final Decision: The court directed the Director General of Police to transfer the investigation to the CID and set up an independent inquiry on the role of the Investigating Officer and the Supervising Authority.

ORDER :

1. The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

2. Learned counsel for the petitioners prays to ignore the defects and take up the matter on merits.

3. Defects stand ignored for the present.

4. Heard learned counsel for the parties.

5. In this writ application, the petitioner has prayed to take appropriate legal action against the named accused persons of Dhanwar P.S. Case No. 148 of 2020, on the ground that no action has been taken against them and they are roaming free and they are also giving continuous threat to the petitioner not to pursue this case. He has also prayed that a direction be given to initiate a departmental action against the Investigating Officer and other police officials, who have acted to defeat the purpose of law in helping the accused persons.

6. Dhanwar P.S. Case No. 148 of 2020 was instituted upon a first information report lodged by this petitioner. The FIR was lodged under Sections 302, 120B and 34 of the Indian Penal Code. This is a case where the daughter of this petitioner alongwith her three minor children died of severe burn injuries. In the FIR, the informant has stated that the daughter of the informant was married to six years ago. On 08.06.2020, Rajendra Yadav informed him through telephone that some dispute arose between the husband and the wife and the informant has to come to the house of the Rajendra Yadav in the morning or else his daughter will not be found alive. Since, it was in the late evening, the informant could not take any step. On the next day, i.e. 09.06.2020, in the morning, the informant, received information that his daughter alongwith her three minor children is burnt and are undergoing treatment at Referral Hospital, Rajdhanwar. The informant/petitioner reached the hospital where Doctor and the Nurses of the Hospital were also present and lady police personnel was also present. He stated in the FIR that in their presence his daughter told him that her husband Rajendra Kumar Yadav and five other named persons have burn her and her children. It is the case of the informant that all the named accused persons have committed murder of his daughter and her three children by burning them.

7. As the petitioner, who is the informant claimed that the police is not investigating the occurrence properly and the Investigating Officer and the police officials are helping the accused, he had no other option but to approach this Court.

8. Counsel for the petitioner argued that the Investigating Officer of the case had not made any effort to record the statements of the witnesses nor he made any attempt to arrest the accused persons. He submits that the accused persons are roaming around and are threatening the informant. He submits that the police is taking all efforts to sabotage the investigation and are also taking all efforts to help the accused persons so that they can escape from law.

9. From the argument of the petitioner and the statements, which have made in the petition, I find that serious allegation has been levelled against the Investigating Officer and the police officials. The allegation of sabotaging an investigation and helping accused persons is a very serious allegation. The police, who are investigating a heinous offence, like the one, which is in hand, has to act professionally with utmost sense of responsibility while investigating the offence. There is no room for any laches or laxity while investigating a heinous crime against women and children, nor any laches can be tolerated. The margin of error is zero. In a case where a lady alongwith her three minor children dies because of extensive burn injuries and the allegation is against in-laws, of burning her alongwith her minor children, the investigation cannot be done in a slip shot manner for the purpose of completing formality.

10. Since the allegation,

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