- (1.) THIS writ application has been filed for quashing the order dated 16.9.2008 passed by Additional Judicial Commissioner -cum - FTC No.VII, Ranchi in Sessions Trial No.237 of 2005 whereby Additional Judicial Commissioner declined to call for a report of the Investigating Agency which, according to the petitioner, does contain vital evidences including the records relating to treatment of the deceased and consequently to direct learned court to ensure production of the said report for its consideration at the time of hearing on the point of discharge/framing of charge.
(2.) BEFORE adverting to the submissions advanced on behalf of the parties, the facts giving rise this application need to be stated in brief. When Sanjana Verma, wife of the petitioner was found dead, it was suspected by the informant to be a case of homicide and hence, lodged a case on the allegation that just after the marriage, the husband (petitioner), father -in -law as well as mother -in -law of the deceased had started putting forth demand of a car and money and in order to get the demand fulfilled, she was being subjected to cruelty and ultimately, she was done to death. Accordingly, Doranda (Argora) P.S. case no.329 of 2004 was instituted under sections 302 and 498A/34 of the Indian Penal Code. The police having investigated the case, submitted charge sheet under section 498A and 304A of the Indian Penal Code against the petitioner (husband of the deceased), while the investigation against the father -in -law and mother -in -law of the deceased was kept open. However, the police subsequently did not find complicity of those persons and hence, submitted final form. Thereafter the petitioner made a representation before the Additional Director General of Police, CID, Jharkhand for taking up the matter for fresh investigation as the investigation made by the district police is not only tainted with bias but is faulty also as so many materials showing innocence of the petitioner have not been brought forth resulting into injustice to the petitioner. Having satisfied, Additional Director General of Police, CID ordered for enquiry into the matter. On taking the matter for enquiry, the enquiring officer, according to the petitioner, did find that the deceased had been admitted in Central Coalfields Limited, Central Hospital, Gandhinagar, Ranchi for acute bronchial asthma and nonsensitive pneumonia which fact was revealed from the Bed Head Ticket of the Central Coalfields Limited, Central Hospital, Gandhinagar, Ranchi as well as Apollo Hospital, Ranchi but those materials never form part of the case diary. The enquiring officer on collecting the aforesaid materials and other evidences did find the investigation made by the police to be biased and faulty. On submission of the report, Additional Director General of Police, CID, directed the Inspector of Police, CID to seek permission of the court for reinvestigation. However, when the prayer was made on behalf of the CID to allow him to take further investigation in the matter, the prayer was refused by Additional Judicial Commissioner -cum -FTC VII, Ranchi on the ground that no fresh materials either oral or documentary seem to have been collected and as such, prayer for reinvestigation was disallowed on 22.2.2007. When the said order was challenged before this Court in W.P.(Cr.) No.112 of 2007, the order passed by the Additional Judicial Commissioner was affirmed by holding that all the materials are available on record which have been sought to be reappreciated by the new investigating agency.
(3.) HOWEVER , before that a representation seems to have made on behalf of the petitioner before the Director General of Police, Jharkhand as well as Superintendent of Police that injustice has been done to the petitioner at the behest of some high officials, as the petitioner is quite innocent and, therefore, request was made for further investigation. On the said representation, one D.P. Singh, Sub -Inspector of Police, Argora Police Station, Ranchi made further investigation and submitted a report dated 17.12.2006 (Annexure A to the counter affidavit) to the Senior Superintendent of Police. At the same time, enquiry in relation to the alleged offence was also made by the Sub -Inspector of Police, pursuant to direction given by Director General of Police, Jharkhand and on holding investigation/ enquiry, a report dated 10.3.2008 (Annexure C to the counter affidavit) was submitted.;