IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Lakshmi Hansda, d/o- Late. Kalipad Manjhi @ Kalicharan Hansda - Petitioner
Vs.
The State of Jharkhand - Respondent
W.P. (Cr.) No.667 of 2023
Decided On : 07-04-2025
| Table of Content |
|---|
| 1. writ petition for fair investigation. (Para 2 , 3) |
| 2. arguments regarding ongoing investigation. (Para 4 , 5) |
| 3. order for disposing of the writ petition. (Para 6 , 7) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of appropriate writ/order/direction commanding upon the respondent No.4 to conduct fair and proper investigation of Pindrajora P.S. U.D. Case No.35 of 2022.
3. The brief facts of the case is that the mother of the petitioner namely Samri Devi, submitted information with the Officer-in-Charge of Pindrajora Police Station, contending that she has come to know that her son namely Sanjay Hansda was found hanging from a hanging loop from a tree. On the basis of the same, Pindrajora P.S. U.D. Case No.35 of 2022 was registered on 30.12.2022 and the Sub Inspector of Police was directed to enquire the said case.
4. Learned counsel for the petitioner submits that the writ petitioner is the sister of the said Sanjay Hansda. It is next submitted that subsequent to the registration of the said Pindrajora P.S. U.D. Case No.35 of 2022, the mother of the deceased namely Samri Devi sent one letter without mentioning any date in the letter by speed post to the Officer-in-Charge of Pindrajora Police Station. There is no material in the record to suggest that whether the same was received by the Officer-in-Charge of Pindrajora Police Station. Therein it was alleged by the mother of the writ petitioner that there was quarrel between Nakul Mahto and Puchu Mahto on one side and the deceased Sanjay Hansda on the other side, during which quarrel Nakul Mahto and Puchu Mahto threatened that they will make Sanjay Hansda vanish from the world and since 18.12.2022 when Sanjay Hansda came to his native house, from his place of work; Nakul Mahto and Puchu Mahto were continuously threatening him and were telling him that they will not let the deceased alive under any circumstances and the mother of the writ petitioner, raised suspicion that Sanjay Hansda did not commit suicide and in the said alleged letter, pointed out the circumstances which according to the mother of Sanjay Hansda and the writ petitioner, indicated that Sanjay Hansda did not commit suicide. The petitioner also wrote to all concerned starting from the Hon’ble President of India alleging that Nakul Mahto and Puchu Mahto have killed Sanjay Hansda. It is next submitted that the enquiry of the said Pindrajora Police Station U.D. Case has not yet been completed. Hence, it is submitted that the prayer, as prayed for in the instant Writ Petition (Cr.), be allowed.
5. Learned counsel for the respondent- State submits that during the investigation of the case, the statement of the mother of the writ petitioner namely Samri Devi, the writ petitioner, two younger brothers of Sanjay Hansda, Majnu Ansari, Ballu Mahto, Namita Devi has been recorded. Besides the statement of the suspect Puchu Mahto @ Yudhisthir Mahto has been recorded and Police also recorded the statement of suspect Nakul Mahto in the presence of writ petitioner and the investigation is going on. It is next submitted that respondents are duty bound to conclude the enquiry shortly.
6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, keeping in view the fact that the enquiry of Pindrajora P.S. U.D. Case No.35 of 2022 has been going on for over two years, this Writ Petition (Cr.) is disposed of with a direction to the respondent No.6 of the instant Writ Petition (Cr.) to take the enquiry to its logical conclusion and to conclude the enquiry and to submit the enquiry Report in accordance with law; in connection with Pindrajora P.S. U.D. Case No.35 of 2022 within three months from the date of this order.
7. Accordingly, this Writ Petition (Cr.) stands disposed of with the aforesaid direction.
AI
The court mandates timely completion of investigations under Article 226 of the Constitution, addressing unreasonable delays in legal processes.
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
The court upheld the legality of the investigation and ruled that the petitioner could present independent witnesses during the trial, finding no merit in the claims for further investigation.
The State is obligated to conduct a fair and timely investigation into criminal cases under Article 226 of the Constitution.
The Court emphasized the necessity for impartial investigations in cases involving suspicious deaths.
The court emphasized the importance of fair investigation and adherence to guidelines in cases involving alleged police brutality.
The court mandated an expeditious investigation into a serious criminal case under Article 226, emphasizing timely action in such matters.
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