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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Rita Devi @ Rita Kumari, wife of Sri Santosh Murmu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Anil Kumar Choudhary, J.)
Heard the parties.
2. This Writ Petition Criminal has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with the prayer to command upon the respondent to properly investigate the Harla P.S. case no. 119 of 2019 registered for the offence punishable under Sections 109 / 119/ 144/ 147/ 148/ 149/ 323/ 326/ 338/ 341/ 354B/ 355/ 379/ 386/ 506/ 34 of the INDIAN PENAL CODE .
3. The brief facts of the case is that the writ petitioner filed the Complaint Case No. 1289 of 2013 in the court of learned CJM, Bokaro and the same was referred to police under Section 156 (3) of the CrPC, basing upon which, Harla P.S. case no. 119 of 2019 has been registered on 21.07.2019.
4. It is submitted by learned counsel for the petitioner that the police has not submitted the police report as yet in accordance with law, hence, the respondent nos. 2 to 5 be directed to ensure proper investigation of the case.
5. Learned counsel for the respondent nos. 2 to 5 submits that the respondent nos. 2 to 5 are duty bound to ensure proper investigation of the Harla P.S. case no. 119 of 2019 and are bent upon in taking the investigation to i
The court can direct law enforcement to complete investigations within a specified time frame to ensure justice and proper legal process.
The State is obligated to conduct a fair and timely investigation into criminal cases under Article 226 of the Constitution.
The High Court should avoid entertaining writ petitions when an alternative remedy exists under the Criminal Procedure Code.
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