High CourtsSingle Bench

Md. Ali vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 5 August 2021 · Citation: (2021) 08 JH CK 0014

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226 · Code Of Criminal Procedure, 1973 — Section 482
RESULT
Dismissed
CASE NUMBER
Writ Petition (Criminal) No. 147 Of 2021
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Judgment

12 paragraphs · 234 words

Sanjay Kumar Dwivedi, J

 Heard Mr. Pradeep Kumar, learned counsel for the petitioner and Mr. Shailendra Kumar Tiwari, learned Spl. P.P. for the respondent-State.

This criminal writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation

arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter

has been heard.

The prayer in this criminal writ petition is for direction to properly investigate Balidih P.S. Case No.74 of 2021.

Mr. Shailendra Kumar Tiwari, learned Spl. P.P. Appearing for the respondent-State submits that the investigation has already been completed and the

police found the case not true and the police further directed to institute proceeding under Sections 182 and 211 of the Indian Penal Code.

It is statutory obligation and duty of police to investigate into crime and courts normally ought not to interfere and guide investigating agency as to what

manner investigation has to proceed. The jurisdiction under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal

Procedure has to be exercised sparingly, carefully and with caution, only where such exercise is justified by the test laid down in various judgments.

In view of the aforesaid facts, no relief can be extended to the petitioner. Accordingly, this criminal writ petition stands dismissed.