RAJESH KACCHAP Vs. STATE OF JHARKHAND, THROUGH SECRETARY, DEPARTMENT OF HOME, JAIL & DISASTER MANAGEMENT

JUDGEMENT

(1.) This writ petition has been filed by 3 sitting MLAs of the Jharkhand Legislative Assembly. They have questioned registration of zero FIR by the officer-in-charge of Argora PS at Ranchi on the complaint of the respondent no.4 made on 31/7/2022 and transmission thereof to Panchla PS within the district of Howrah (Gramin) in the State of West Bengal. The main plank of the petitioners is Kotwali PS Case No. 159 of 2021 which was also registered on the basis of a complaint made by the respondent no.4 on 22/7/2021 and is still pending investigation. According to the petitioners, the registration of zero FIR dtd. 31/7/2022 is illegal, without authority of law and tantamounts to second FIR corresponding to Kotwali PS Case No. 159 of 2021.

(2.) In this writ petition, the petitioners have made the following prayers:

(3.) Briefly stated, on 22/7/2021, the respondent no.4 who is a sitting MLA from Bermo constituency in the State of Jharkhand provided information to the officer-in-charge of Kotwali PS at Ranchi that in furtherance of a conspiracy to topple the JMM-RJD-Congress coalition government some influential people and financers have arrived at Ranchi, they are staying in different hotels and are trying to allure MLAs. On the basis of his written complaint, Kotwali PS Case No. 159 of 2021 was registered on 22/7/2021 under Sec. 419, 420, 124-A, 120-B read with Sec. 34 of the Indian Penal Code, Sec. 8 and 9 of the Prevention of Corruption Act and Sec. 171-B of the Representation of the Peoples Act. On 30/7/2022, the respondent no.4 gave a similar complaint to Argora PS again raising an apprehension that some political persons are trying to topple the government of the day. A sanha entry was made at 03:00 PM on 30/7/2022 in Argora PS at Ranchi in which the officer-in- charge of Argora PS has made a remark that he himself would make enquiry into the allegations in the said complaint.