LAWS(JHAR)-2023-4-14

BABITA KACCHAP Vs. STATE OF JHARKHAND

Decided On April 10, 2023
Babita Kacchap Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This petition has been filed for direction upon the respondents to withdraw the case of Khunti P.S.Case No.143 of 2017, corresponding to G.R. No.347 of 2017, registered for the offence under Sec. 147, 148, 149, 341, 323, 327, 353, 504, 506, 120(B) of the I.P.C.

(2.) The learned counsel appearing for the petitioner submits that the State Government in meeting dtd. 29/12/2019 had decided to withdraw the cases in connection with pathalgarhi. He submits that the petitioner has filed the representation before the competent authority and no decision has been taken thereon. On this ground, he submits that direction may kindly be issued to withdraw the cases lodged against the petitioner.

(3.) On the other hand, Mrs. Vandana Singh, the learned counsel appearing on behalf of the respondent State submits that in view of the said decision of the Government a resolution was passed on 31/3/2021 whereby it has been decided that 3-Member Committee will be constituted who will examine the cases for withdrawal and it was further decided that if the allegations are of grievous in nature, the cases will not be withdrawn. She submits that there are serious allegations against the petitioner and that is why the case has not been withdrawn. She further submits that remedy is already there and she may persue the case before the competent authority and she further submits that 3-Member Committee has further decided that in view of allegations made against the petitioner the case of the petitioner shall not be withdrawn. She submits that 3-Member Committee has further sought guidelines from the Department.