Santosh Yadav vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

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 in the nature of MANDAMUS directing/commanding upon the respondent No.4 to conduct the fair investigation in accordance with law and to submit Police Report under Section 173 of the Code of Criminal Procedure in accordance with law within the time stipulated by this Court in connection with Barhi P.S. Case No.153 of 2023 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

The brief facts of the case is that the petitioner is the informant of Barhi P.S. Case No.153 of 2023 which has been lodged with the allegation that the name of the accused person of that case who are in-laws of the deceased mother-in-law of the informant namely Umni Mosomat, have committed the murder of Umni Mosomat and threw her dead body near a dam with an intention to hide the dead body. On the basis of the written application by the writ petitioner-informant, police registered the case and took up the investigation of the case which is going on at present.

Learned counsel for the petitioner submits that the accused persons of the case namely Mahavir Yadav is a muscleman and having high political and administrative approach and he is continuously threatening the petitioner to withdraw the case. It is further submitted that the petitioner had approached higher police officers for expedient and fair investigation but to no avail. Hence, it is submitted that the prayer as prayed for in this Writ Petition (Cr.), be allowed.

Learned counsel for the respondent- State submits that the respondents are duty bound to conduct expeditious investigation of Barhi P.S. Case No.153 of 2023 and to take the investigation of the said case to its logical conclusion.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, in view of the fact that considerable period of time has already been elapsed since the registration of Barhi P.S. Case No.153 of 2023, the respondent No.4 of the instant Writ Petition (Cr.) is directed to ensure free and fair investigation of the said case and to take the investigation of the said case to its logical conclusion and to file the Police Report under Section 173 of the Code of Criminal Procedure within three months from the date of this order.

This Writ Petition (Cr.) stands disposed of with the aforesaid direction.