IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 2488 of 2017

1. Kanhu Jyotish @ Chhota Kanhu Jyotishi, Son of Bhikari

Jyotishi

2. Kanhu Jyotishi @ Bara Kanhu Jyotishi, Son of Late

Shishir Jyotishi, Both the Resident of Village - Kamalpur, P.O. + P.S. Rajnagar, District - Seraikella

Kharsawan, Jharkhand

3. Tarun Jyotishi, Son of Murlidhar Jyotishi

4. Krishna Jyotishi, S/o Mihirchand Jyotishi,

5. Arun Jyotishi, S/o Laxmipath Jyotishi, all are resident

of Kamalpur, P.O. + P.S. Rajnagar, District - Seraikella -

Kharsawan, Jharkhand

6. Balbhadra Behra @ Balbhadra Rajak, S/o Sanatan Behra,

Resident of village Dandu, P.O. + P.S. Rajnagar, District

- Seraikella Kharsawan, Jharkhand

7. Bhagirathi Jyotishi @ Bhagi @ Bhogi , S/o Late

Khudiram Jyotishi, A Resident of Village Kamalpur, P.O. + P.S. Rajnagar, District - Seraikella - Kharsawan,

Jharkhand ...... Petitioners

Versus

The State of Jharkhand ….. Opposite Parties

For the Petitioners : Mr. Ram Chandra Prasad Sah, Adv.

For the State : Mr. Achinto Sen , Addl. PP

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the

jurisdiction of this Court under Section 482 of CrPC with the prayer for quashing and setting aside the entire criminal proceeding as well as the order dated 23.08.2017 passed by the learned Chief Judicial Magistrate, Seraikella in connection with Rajnagar P.S. Case No.30 of 2017 corresponding to G.R. Case No.507 of 2017 and S.T. Case No.89 of 2017, on the ground that this being the second FIR in respect of the self-same occurrence in respect of which the Rajnagar P.S. Case No.29 of 2017 was registered on the basis of the written report submitted by the

Circle Officer, Rajnagar whereas this FIR for the self-same occurrence, has been instituted by the Officer-in-Charge of Rajnagar Police Station.

3. The brief facts of the case is that on 18.05.2017, the villagers of village Sobhapur, Kamalpur, Daandu, Gopinathpur etc. assembled in the village Sobhapur and assaulted Murtaza Ansari who used to hide the child lifters in his house by giving shelter to them. Police along with the Circle Officer as well as the Block Development Officer reached at the place of occurrence. The villagers used criminal force by deterring the informant as well as the Circle Officer in discharging their duties by stopping their vehicle on the way to the said village and torched the said vehicle, causing injuries to 2 to 3 constables. The victim could be rescued and he was taken to hospital after more police force arrived but the victim died. On the basis of the selfsame occurrence, firstly, on the written report of the Sub-Inspector, Rajnagar P.S. Case No.29 of 2017 was registered and police took up investigation of the case and submitted charge-sheet. The accused persons faced trial but some of the accused persons were convicted and others were acquitted whereas the petitioner of Cr.M.P. No.3437 of 2018 was acquitted, the petitioner Nos.1 to 3 of Cr.M.P. No.3427 of 2018 were convicted and the petitioner Nos.4 and 5 of the said Cr.M.P. No.3427 of 2018 were acquitted as is evident from the copy of the judgment passed by the learned Additional Sessions Judge-I, Seraikella-Kharsawan in Sessions Trial No.86 of 2017 dated

16.07.2018.

4. Learned counsel for the petitioner relies upon the judgment of the Hon’ble Supreme Court of India in the case of T.T. Antony vs. State of Kerela & Ors. reported in (2001) 6 SCC 181, paragraph Nos. 25 and 27 of which read as under:-

“25. Where the police transgresses its statutory power of investigation the High Court under Section 482 CrPC or Articles 226/227 of the Constitution and this Court in an appropriate case can interdict the investigation to prevent abuse of the process of the court or otherwise to secure the ends of justice.

27. A just balance between the fundamental rights of the citizens under Articles 19 and 21 of the Constitution and the expansive power of the police to investigate a cog