AURANGJEB MALLICK @ MD. AURANJEB Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is apprehending his arrest in connection with Dhanbad (Bhuli) P.S. Case No. 620 of 2014, corresponding to G.R. No. 2806 of 2014 for the offence under section 498A of the I.P.C and under section 3/4D.P. Act.

(2.) It appears that under order dated 06.03.2017 this anticipatory bail application was dismissed and a report was called from the court of Chief Judicial Magistrate, Dhanbad with regard to institution of the case. Report dated 30.05.2017 from Rajeev Ranjan, Chief Judicial Magistrate, Dhanbad reveals that Complaint Petition No. 769 of 2012 was filed on 17.04.2012 which was forwarded to the officer ­in ­charge, Bhuli O.P under section 156(3) Cr.P.C for institution of the case and after forwarding the complaint petition, no step was taken by the then Chief Judicial Magistrate, Dhanbad to ensure the institution of the case and also the case record has not been put up before the P.O as no date is fixed awaiting receipt of the F.I.R.

(3.) Further, under order dated 06.03.2017, Senior Superintendent of Police, Dhanbad was directed to look into the matter as to under what circumstances the case was instituted after two years.