- (1.) Heard the parties.
(2.) This writ application has been preferred by the petitioner for the following reliefs:- (i) For transfer of the investigation of Sadar (Satbarwa) P.S. Case No. 349 of 2015, corresponding to G.R. No. 1118 of 2015 registered under sections 147, 148, 149, 353 and 307 of the Indian Penal Code, Sections 25(1-b)A, 26, 27 and 35 of the Arms Act, under section 4 and 5 of the Explosive Substances Act and Section 17 of the Criminal Law Amendment Act, presently pending before the learned Chief Judicial Magistrate, Palamau at Daltonganj, to the Central Bureau of Investigation(CBI) in which 12 persons were shown or claimed to have been killed in a police encounter; (ii) If the Hon'ble Court desires so, instead of handing over the matter to the Central Bureau of Investigation, it may constitute a SIT headed by the Retd. Judge of the Hon'ble High Court and comprising of such officers of Jharkhand State, who have worked in the CBI or NIA in the past and have requisite experience to handle the investigation of complicated cases, to cause a detailed investigation of the said case and the investigation of the said SIT may be monitored by the Hon'ble High Court; (iii) For any other suitable relief's to which the petitioner may be found entitled to in the eyes of law.
(3.) The facts of the case as narrated by the petitioner is that the son of the petitioner namely Uday Yadav was a para teacher in a school in Nevar village at Latehar. It has been stated that on 8/9th June, 2015 the son of the petitioner along with other relatives were sleeping on the roof of the house when at about 10.00 P.M. they were forcibly taken away by some persons on motorcycles. It has been alleged that on 10.6.2015, the petitioner and others could come to know that his son UdayYadav, his relative Neeraj Yadav along with 10 other persons were killed by a banned organization referred to as Jharkhand Jan Mukti Parishad ( J.J.M.P in short). It has been stated that the police and the C.R.P.F. had highlighted the incident as an encounter although the son of the petitioner and Neeraj Yadav were never concerned with any Maoist activities. Representations were given by the daughter in law of the petitioner to the Chief Secretary/Home Secretary/D.G.P. for proper investigation into the case but the entire episode was passed off as an encounter.;