HITESH VERMA Vs. STATE OF JHARKHAND THROUGH SECRETARY

JUDGEMENT

(1.) THIS writ application has been filed for quashing the order dated 16.9.2008 passed by Additional Judicial Commissioner -cum - FTC No.VII, Ranchi in Sessions Trial No.237 of 2005 whereby Additional Judicial Commissioner declined to call for a report of the Investigating Agency which, according to the petitioner, does contain vital evidences including the records relating to treatment of the deceased and consequently to direct learned court to ensure production of the said report for its consideration at the time of hearing on the point of discharge/framing of charge.

(2.) BEFORE adverting to the submissions advanced on behalf of the parties, the facts giving rise this application need to be stated in brief.

(3.) HOWEVER , before that a representation seems to have made on behalf of the petitioner before the Director General of Police, Jharkhand as well as Superintendent of Police that injustice has been done to the petitioner at the behest of some high officials, as the petitioner is quite innocent and, therefore, request was made for further investigation. On the said representation, one D.P. Singh, Sub -Inspector of Police, Argora Police Station, Ranchi made further investigation and submitted a report dated 17.12.2006 (Annexure A to the counter affidavit) to the Senior Superintendent of Police. At the same time, enquiry in relation to the alleged offence was also made by the Sub -Inspector of Police, pursuant to direction given by Director General of Police, Jharkhand and on holding investigation/ enquiry, a report dated 10.3.2008 (Annexure C to the counter affidavit) was submitted.