B.B.MANGALMURTI,J. - (1.) No one appears for the petitioner. However, learned A.P.P. for the State is present.
(2.) We find from the pleadings on record that this criminal writ petition was registered on the basis of a letter written by one Gulacho Devi of village Hematpur Panchayat Sasokala, P.S. Gola, District - Ramgarh addressed to Hon'ble the Chief Justice of this Court alleging that her husband Ramjit Mahatha had gone on being called on phone and has never returned. This Court appointed learned Advocate Mrs. Nisha Thakur as Amicus Curiae to assist the Court and directed the Advocate General of the Respondent State for furnishing instruction by order dated 26.11.2013. Case was adjourned on a number of dates thereafter. Show-cause / affidavit was filed by the investigating agency as taken note of in the order dated 27.01.2015 and 03.03.2015 as well, which reveal the steps being taken by the Investigating Officer to locate Ramjit Mahatha. Being dissatisfied with the lack of response of State authorities, on 15.06.2016, the Superintendent of Police, Ramgarh and Officer-in-Charge, Gola Police Station, Ramgarh were directed to remain physically present and apprise about the latest status of the missing husband of Gulacho Devi. On their appearance on 18.07.2016, learned A.P.P. for the State was asked to file a detailed counter affidavit with regard to up-to-date investigation. We noticed from the supplementary affidavit of the Respondents on 31.07.2017 that the investigation had not reached to a final conclusion. One Samu Thakur who was allegedly last seen with the victim, was not apprehended. Charge sheet was filed against Nirmal Mahto. Superintendent of Police, Ramgarh was directed to pursue the leads in the investigation and to apprehend the accused person and also submit a report about the status of Ramjit Mahatha. We also made it clear that if investigation does not reach to a finality, one way or the other, the Superintendent of Police, Ramgarh may be summoned to appear and explain. On 11.09.2017, certain development were brought to our notice by the learned A.P.P. Mr. Pankaj Kumar relating to the investigation. The order dated 11.09.2017 is reproduced hereunder: "Learned counsel for the State Mr. Pankaj Kumar submits that investigation has made substantial progress after the previous order passed by this Court on 31.07.2017. One accused Shamu Thakur has been apprehended by the raiding team under the leadership of Superintendent of Police, Ramgarh from his house in West Bengal. They have also arrested one Abhimanyu Singh and Lambu Mahto @ Kaviraj Mahto. All the three accused persons have disclosed that Ramjeet Mahatha was killed at Duarsaini Hills on 31.08.2012. The place of occurrence was thereafter inspected. It has come during investigation that Lambu Mahto and Abhimanyu Singh disclosed that they along with one Rakesh Mahto had brought Ramjeet Mahatha at the said hills after administering wine and due to dispute of money, Rakesh Mahto strangulated him and while returning, hammered with a big stone on his head. However, no residue of the deceased was found there at the time of inspection. 2. Learned counsel for the State submits that steps have been taken for apprehending Rakesh Mahto who is lodged in another jail. Therefore, production warrant has been obtained from the Court of Judicial Magistrate, 1st Class, Ramgarh. Statement of Shamu Thakur has also been recorded under section 164 of Code of Criminal Procedure where he has reiterated the entire manner of occurrence. During the investigation, it has come that Ramjeet Mahatha has been killed by Rakesh Mahto, Lambu Mahto and Gendu Mahto on 31.08.2012 itself. Gendu Mahto is now dead. The Investigating Officer has taken steps for police remand of the accused Rakesh Mahto. Investigation is likely to come to its logical conclusion very soon.
(3.) In view of the latest progress report filed by the Investigating Agency, we adjourn the matter for further four weeks to come out with final status report in this regard.;