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2023 Supreme(Jhk) 29

SHREE CHANDRASHEKHAR
Rajesh Kacchap – Appellant
Versus
State of Jharkhand, through Secretary, Department of Home, Jail & Disaster Management – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ranjit Kumar, Sr. Advocate Mr. Azim H. Laskar, Advocate, Mr. Indrajit Sinha, Advocate, Mr. Arpan Mishra, Advocate
For the Respondent:Mr. Sachin Kumar, AAG-II, Mr. A.K. Sahani, Advocate, Mr. Ajit Kumar, Advocate
For the State of West Bengal :Mr. Anil Kumar Sinha, Sr. Advocate, Mr. Amit Kumar Sinha, Advocate, Mr. Abhijeet Tushar, Advocate, Mr. Rajarshi Singh, Advocate
For the Union of India : Mr. Vinod Kumar Sahu, Sr. PC

JUDGMENT :

Shree Chandrashekhar, J.

This writ petition has been filed by 3 sitting MLAs of the Jharkhand Legislative Assembly. They have questioned registration of zero FIR by the officer-in-charge of Argora PS at Ranchi on the complaint of the respondent no. 4 made on 31st July 2022 and transmission thereof to Panchla PS within the district of Howrah (Gramin) in the State of West Bengal. The main plank of the petitioners is Kotwali PS Case No. 159 of 2021 which was also registered on the basis of a complaint made by the respondent no. 4 on 22nd July 2021 and is still pending investigation. According to the petitioners, the registration of zero FIR dated 31st July 2022 is illegal, without authority of law and tantamounts to second FIR corresponding to Kotwali PS Case No. 159 of 2021.

2. In this writ petition, the petitioners have made the following prayers:

    “(i) issue a writ of certiorari and/or any other appropriate writ, order or direction to quash/set aside the illegal and arbitrary registration of complaint dated 31.07.2022 (part of Annexure-1) as Zero FIR and consequential transfer of the same being mala fide, arbitrary and void ab initio,

and/or

(ii) issue a writ of certiorari and/

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