- (1.) THIS criminal writ proceeding has been suo motu initiated on the report of the Registrar General dated 7.10.2006. It appears that on the basis of a news item published in the newspaper dated 6.10.2006 mentioning that the A.C.J.M., Garhwa, Shri B.K. Mishra has recalled the warrant of arrest issued against the accused of Meral P.S. Case No. 89/2006, Bhawnathpur. P.S. Case No. 132/2005 and Bhawnathpur P.S. Case No. 53/2006.
(2.) THE records of all the aforesaid three cases were called for. We have perused the records. It appears that on the basis of the requisition filed in the Court by the Investigating officers of all the aforesaid three cases, warrants of arrest were issued against the non -appearing accused persons. It further appears that accused Bhanu Pratap Shahi, MLA. Bhawnathpur constituency, is accused along with others in all the three cases. It further appears that in one of the cases i.e. Bhawnathpur P.S. Case. 53/2006 the accused Shri Shahi moved for anticipatory bail before the Sessions Judge, Garhwa in A.B.P. No. 195 of 2006 which was rejected. From further perusal of the records of all the three cases, it appears that the warrants of arrest were returned by the I.Os on the basis that the investigation of all the cases have been stayed by the Inspector General of Police, South Chhotanagpur Range, Ranchi. The CJM, on that basis recorded orders in all three cases "Seen keep it on record. W/A seized." Further, on the basis of the petition of the I.O. filed in Bhawnathpur PS. Case No. 132/2005 stating that the further proceeding of the case has been stayed by the I.G., he too stayed the further proceedings of Bhawnathpur PS. Case No. 132/2005.
(3.) MR . S.B. Godadia, Advocate General, who represents the State says that the copies of all the papers have been received by him only today. This Court is too much pained to see that on the basis of the alleged order of the Inspector General of Police staying the investigation of all the aforesaid three cases, the I.Os filed requisitions stating that warrant of arrest is being returned because of the fact that the investigation of the cases have been stayed by the I.G. Ranchi.;