Pintu Paswan vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

This 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 father of the deceased has earlier moved before this Court in W.P.(Cr.) No.127 of 2020 which was disposed of by order dated 08.10.2020. In the said order, direction was issued to constitute a special investigative team and the Director General of Police was directed to immediately constitute the S.I.T to investigate the case being Dhanwar P.S.Case No.63/2020. It was further observed/direction was issued as under:

“It is made clear that while constituting the SIT, the Director General of Police, Jharkhand will appoint responsible and senior persons. I also direct the Director General of Police to monitor the investigation from time to time and ensure completion of investigation at the earliest without any delay.

The Director General of Police is free to take appropriate action against the present investigating team for the delay and latches which has occurred till date in investigation of this case.

So far as the prayer made by the petitioner in this writ application is concerned, in view of constitution of the SIT, the second prayer of the petitioner cannot be allowed.

So for as the first prayer is concerned, it will be open to the SIT to immediately arrest the accused persons and it will be the duty of the SIT to see that none of the witnesses are tampered by anyone.

With the aforementioned observation and direction, this writ application stands disposed of.

Let a copy of this order be immediately communicated to the Director General of Police, Jharkhand, the Chief Secretary and the Home Secretary, State of Jharkhand, through FAX”

A direction was also there in the light of the order dated 08.10.2020 to constitute S.I.T and the D.G.P was also directed to take appropriate action against the present investigating team.

In view of that observation, if the petitioner is still aggrieved, he may approach the Director General of Police by way of filing a petition which shall be considered by the D.G.P. and if necessary appropriate order shall be passed.

With the aforesaid observation and direction, W.P.(Cr.) No. 335 of 2021 is disposed of.