TADASHA MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) THIS application has been filed for quashing of the order dated 15.6.2007 passed by the then Chief judicial Magistrate,Ranchi in Ormanjhi P.S case no.02 of 2006 (G.R. No.69 of 2006) whereby and whereunder cognizance of the offences punishable under Section 302 read with Sections 217 and 221 of the Indian Penal Code has been taken against the petitioner, who at the relevant point of time was posted as Rural S.P and also against the Investigating Officer, Officer-in-charge and Dy.S.P beside other persons, who have been alleged to have committed murder of Punam Toppo.

(3.) ON her statement, a case was registered under Sections 307 and 323/34 of the Indian Penal Code against four accused persons. While the matter was under investigation, a complaint was made before the then Chief Judicial Magistrate by the husband of Punam Toppo to the effect that the Investigating Office has not been arresting the accused person nor he is recording the statement of B.D.O or the Medical Officer, Ormanjhi nor the statement of the victim is being recorded under Section 164 of the Code of Criminal Procedure but the fact is that statements of the Officer-in-Charge as well as B.D.O were recorded by the Investigating Officer.