BALMIKI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel for the petitioners submitted that they have no much objection if the departmental proceedings are continue by the competent authorities in accordance with law. It is also submitted that they are available at the back and call of the Investigating Officer otherwise also they are under suspension and they are confined to a particular district Godda and, therefore, they are not going to leave the headquarters without prior permission of the higher authorities. Thus, in case of their availability, they may not be arrested; they are not also going to tamper with the evidence.

(2.) I have heard learned Advocate General on behalf of the State, who has submitted that let the enquiry be proceeded against the present petitioners. No stay may be granted against the departmental proceedings. So far as, criminal proceedings are concerned, so long as petitioners are available for interrogation and for such other purposes by the higher police officers or by the Investigating Officer and so long as they are not tampering with the evidence, either directly or indirectly, at present, tentatively, they are not going to be arrested.

(3.) THESE petitions are disposed of with the directions that: