SHAMBHU KUMAR BISWAS Vs. STATE OF JHARKHAND
LAWS(JHAR)-2015-3-83
HIGH COURT OF JHARKHAND
Decided on March 25,2015

Shambhu Kumar Biswas Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

RONGON MUKHOPADHYAY, J. - (1.) HEARD Mr. Md. Mokhtar Khan, learned counsel appearing on behalf of the petitioner and the learned counsel for the State. In this application, the petitioner has prayed for quashing the order dated 27.08.2013 passed by the learned A.C.J.M., Chaibasa in connection with Chhotanagra P. S. Case No. 06 of 2011, corresponding to G. R. No. 292 of 2011 in which the final report submitted by the C.I.D. was accepted.
(2.) IT appears that the petitioner who is Assistant Commandant of C.R.P.F. instituted a First Information Report to the effect that between 26.06.2011 and 29.06.2011 a joint operation was taken up in the name and style of Bravo Boy against the naxalites in the Saranda Forest and it has been alleged that on 29.06.2011 at about 2:00 A.M. the police party were fired upon as result of which one villager namely Mangal Honhaga received bullet injury and subsequently succumbed to his injuries.
(3.) ON the basis of the aforesaid allegation Chhotanagra P. S. Case No. 06 of 2011 was registered and investigation was taken up by the police. On the order of DIG, Jharkhand, Ranchi dated 05.09.2011 the investigation into the allegations were handed over to the C.I.D. and upon investigation, Final Form was submitted stating therein that the deceased Mangal Honhaga was murdered by the C.R.P.F. personnel. On submission of the Final Form an application was filed by the informant -petitioner to the effect that the Final Form submitted by the C.I.D. be rejected. On 27.08.2013 an order was passed by the learned Additional Chief Judicial Magistrate, Chaibasa by virtue of which the final form submitted by the C.I.D. was accepted and the said order is under challenge in this application.;


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