MADAN LAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioners in both the cases have invoked extraordinary jurisdiction of this Court as enshrined under Article 226 of the Constitution of India for directing the C.B.I to institute a case of kidnapping for ransom, dacoity/robbery and to proceed with its investigation.

(2.) The foundational facts pleaded in the aforesaid two cases for getting such relief are that on 1.8.2007 one Pintu [brother of writ Petitioner of W.P.(Cr.) No. 338 of 2007] as well as one Chandan Thakur proceeded from Patna to Hazaribagh along with their employer Lallu Kumar [brother of one Mahesh Kumar the writ Petitioner of W.P.(Cr) No. 55 of 2008] to deliver utensils worth Rs. 1 lac. to the dealer. In the early morning at about 4.30 a.m. on 2.8.2007, Lallu Kumar informed his brother Mahesh Kumar that they are about to reach Hazaribagh where they will deliver the utensils to the dealer and then they will return back immediately. Just after half an hour Mahesh Kumar, brother of Lallu Kumar was informed by mobile of Lallu Kumar and also from other mobiles that all the three persons have been kidnapped. They also asked for ransom for their release and also for the release of the vehicle and utensils. Such demands were also made subsequently on 2.8.2007 and also on 3.8.2007 through the mobiles, numbers of which were noted down by the said Mahesh Kumar. The said Mahesh Kumar came to know on 7.8.2007 through a news report published in the daily newspaper "Hindustan" that his brother Lallu Kumar along with his two employees have been arrested on the charge of theft of 40 bags of coal, for which a case has been registered as Barhi P.S. case No. 158 of 2007 on 6.8.2007 under Section 414 and 34 of the Indian Penal Code and also under Section 33 of the Indian forest Act. On coming to know all about it, the said Mahesh Kumar came to Hazaribagh along with his friends and met with the then Officer-in-Charge of Padma Outpost and the other police personnel where they had had talks with the police personnel on different dates on 7.8.2007, 8.9.2007 and also on 10.8.2007 for the release of aforesaid three persons. They advised them to approach other higher police personnel. Conversations which were there in between Mahesh Kumar and his friends on one hand and the police personnel on the other hand were recorded. Thereafter the said Mahesh Kumar and his friend met with the then Officer-in-Charge, Ajay Kumar Chourasia on 18.8.2007 and had had talks in this respect. Said conversations were also recorded. All these conversations would reveal that aforesaid three persons had been implicated in the case falsely in order to extort money. Involvement of the then Officer-in- Charge, Ajay Kumar Choursaia and other police personnels were apparent. On being convinced about the false implication of his brother and other persons, the said Mahesh Kumar sent an application before the Director General of Police, Jharkhand, and also met personally and stated about the manner in which his brother and other two persons had been implicated falsely. He also provided the C.Ds. in which conversation! had been recorded on 7.8.2007, 9.8.2007 and 10.8.2007 and also on 18.8.2007 to the Director General of Police, Jharkhand and made request to get the matter relating to kidnapping be investigated.

(3.) Further case of the Petitioners is that Lallu Kumar and Pintu Sao were released from custody on 6.10.2007. Their statements were recorded by Deputy Superintendent of Police, Hazaribagh wherein they disclosed that' they had been kidnapped by two Bolero Jeep without having any number plates Thereupon, Lallu Kumar was kept in the residence of Superintendent of Police, Hazariagh for two days whereas Pintu Sao and Chandan Thakur were kept confined in Pelawal police station for three days. Subsequently, Lallu Kumar was brought to Padma outpost in the night of 3-4.8.2007 whereas Pintu Sao and Chandan Thakur were brought to Padma outpost on 5.8.2007 where all the three persons were subjected to torture by the police personnel to whom they identified as Devanand Yadav, Satrughan Singh and Rup Narayan Singh.