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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Chetlal Saw Son Of Late Bhuneshwar Nayakaj – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. This Writ Petition (Cr.) has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of appropriate Writ(s)/Order(s)/Direction(s) commanding upon the respondents to conduct a fair and proper investigation of Hazaribagh Sadar P.S. Case No. 134 of 2021 registered for the offences punishable under Sections 467 , 468, 471, 420, 34 of the INDIAN PENAL CODE or in alternative to transfer the case to an independent central agency.
3. The brief facts of the case is that the Writ Petitioner submitted an application to the District Sub-Registrar, who is the informant of the said Hazaribagh Sadar P.S. Case No.134 of 2021 requesting therein for annulment of document No.8132 of the year 1967; on the ground that the document has been tampered with and forged in the records maintained in Book No.1, Volume No.83 of the archive of the Office of District Sub-Registrar, Hazaribagh. On the basis of the complaint received from the writ petitioner, the Deputy Commissioner-cum-District Registrar, Hazaribagh ordered for an investigation which was conducted by the informant and it was found that forgery was
The court emphasized the importance of a timely and thorough investigation in cases of alleged forgery, mandating police action and accountability under Article 226 of the Constitution.
The court emphasized the obligation of law enforcement to complete investigations promptly, ensuring accountability under Article 226 of the Constitution.
The court can direct law enforcement to complete investigations within a specified time frame to ensure justice and proper legal process.
The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention.
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....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
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