Prashant Kumar, J. - (1.) This writ application has been filed for a direction to get the case investigated by an independent agency like C.I.D. Or under the supervision of higher authority of respondent-State in connection with Hazaribagh Sadar P.S. Case No. 736 of 2011, corresponding to G.R. Case No. 3457 of 2011, dated 17.12.2011.
(2.) On 29.2.2016, the learned counsel for the State was directed to file counter affidavit and as prayed by him, the case was listed on 28.3.2016. Again on 28.03.2016, on the prayer of State, the case was adjourned for 04.04.2016. On 04.04.2016, when no counter affidavit filed, then the Superintendent of Police, Hazaribagh was directed to remain physically present in this Court on 11.04.2016 and to show cause why counter affidavit has not been filed. The Superintendent of Police, Hazaribagh filed a show cause on 08.04.2016, wherein at paragraph no. 5, he stated as follows: "5. That with utmost humility it is submitted that the compliance of the orders of the Hon'ble Court could not be ensured at the earliest because of the involvement of the answering respondent in maintenance of law and order problem, particularly in meeting the exigencies caused due to the law and order turbulence in the district It was the compelling circumstances which prevented the answering respondent to ensure compliance of this Hon'ble Court's order for which the answering respondent with utmost humility tenders unconditional apology.
(3.) The explanation given by the Superintendent of Police, Hazaribagh at paragraph no-5 of the show cause was not found convincing. Therefore, vide order dated 11.04.2016, the following order passed: "08/11.04.2016 A show cause has been filed on behalf of the Superintendent of Police, Hazaribagh (respondent no. 2), wherein at paragraph no. 5, it is stated that he has not complied the order of this Court because he was involved in maintenance of law and order problem, particularly in meeting the exigencies caused due to the law and order turbulence in the district. What type of special law and order problem had arisen, which prevented the Superintendent of Police, Hazaribagh from complying the order of this Court, has not been stated in the show cause. Sri Binod Singh, S.C. (L &C) submits that he will file detailed show cause stating about the special law and order problem arose in the district of Hazaribagh. Put up this case on 26.04.2016. On that day, the Superintendent of Police, Hazaribagh must remain physically present in this Court. ";