MADAN KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) THIS writ application has been filed under Article 226 of the Constitution of India by the sole petitioner in the nature of mandamus commanding upon the respondents to investigate into the circumstances under which his father, namely, Late Jay Prakash Sharma was arrested in connection with Jorapokhar F.S. Case No. 204 of 1995, even without being implicated and is awarding suitable compensation at least 5 lacks and a job to one of the petitioneras the father of the petitioner had died due to negligence of the respondents.

(2.) THE short facts giving rise to this application is that the Lakhpati Devi lodged on FIR, before the Jorapokhar P.S. being Jorapokhar (Sadar Dhanbad) P.S. Case No. 204 of 1995 in which it was alleged that her husband was working in Tisco Jamadoba and has retired in August, 1993. He had received 2,25,000/ -only as retiral benefit which he had deposited in the State Bank of India. The informant had brought few bricks from one Nasim Ansari for repairing of her house. Nasim Ansari told her that as her husband has retired and he has no source of income and so he may buy a truck for her so that it may run on lease basis. It is further alleged that Nasim recognised for the truck with one P.K. Mitra for a sum of Rs. 1,60,000. It is further alleged that the informant spent Rs. 1,25,000/ on repairing of the truck and gave Rs. 1,25,000 by cash and Rs. 1,00,000/ - through two Bank drafts and truck started running. It is further alleged that Mr. Nasim did not buy the truck in her name and got the truck transferred in the name of brother of his wife. When the informant asked for returning the money, Nasim started giving assurance that he would return the money within a day or two but the money could not be returned and thereafter the first information was lodged. There was no allegation against the father of the petitioner but even then the father of the petitioner, namely, Jay Prakash Sharma was arrested in connection with the said case and he has brutely assaulted by the police. It is also alleged by the petitioner that prior to death of his father, one complaint was lodged by M.L.A. Jharia, namely, Abo Devi in connection with alleged beating of Yogendra Yadav, General Secretary of Janta Sharamik Sangh. In connection with the said complaint, one inquiry was also set -up and the father of the petitioner was examined as witness. The father of the petitioner had given adverse statement and as such some policemen of Jorapokhar PoliceStation threatened the father of the petitioner that they will teach him a lesson. It is further alleged that the father of the petitioner was beaten by the police in the Hazat because he had given adverse statement before the inquiry committee. On 26.7.1995 the petitioner was suddenly informed that his father has died in the night of 25.7.1995 and when the petitioner asked about the reason for death of his father, no cogent explanation was given. The father of the petitioner was very healthy man before arrest and he was not suffering from any disease but due to assault by the police, he was done to death.

(3.) ANOTHER counter affidavit has been filed on behalf of the respondent No. 3 claiming therein that one Lakhpati Debi, wife of Dharam Singh gave a written report before the police alleging to the effect that one Nasim Ansari introduced the informant to deliver money for purchase of a truck in her name but after giving the money through two Bank drafts in the name of the registered owner of the truck who proposed to sell the truck. The said truck was got registered in the name of Amin, the brother of Nasim Ansari and Jay Prakash Sharma (deceased) was also in the said legal deal as owner of the truck, P.K. Mitra, Nasim and Jay Prakash Sharma as jointly committed act of cheating and taken huge money dishonestly for which Jorapokhar P.S. Case No. 294 of 2000 was registered under Section 420 of the Indian Pena) Code and deceased Jay Prakash Sharma was arrested on 14.7.1999 hi connection with the said case. It was reported by the Jail Superintendent, Dhanbad Jail on 17.8.1995 before the learned Chief Judicial Magistrate, Dhanbad that Jay Prakash Sharma had died in the jail custody on previous night and there was no report about the assault or torture by the police and as such there is no material to entertain the writ application which is fit to be dismissed.