LAWS(JHAR)-2019-5-11

PAWAN KUMAR AGARWAL, SON OF BANWARI LAL AGARWAL Vs. STATE OF JHARKHAND, THROUGH SECRETARY, DEPARTMENT OF HOME AFFAIRS

Decided On May 01, 2019
Pawan Kumar Agarwal, Son Of Banwari Lal Agarwal Appellant
V/S
State Of Jharkhand, Through Secretary, Department Of Home Affairs Respondents

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India whereby and whereunder the following prayers have been made :-

(2.) The brief facts of the case of the petitioners is that the petitioners are victims in terms of the provision of Section 2(wa) of the Code of Criminal Procedure, 1973 since the petitioners have lost their married sister at her matrimonial home in an incident of brutal murder by the in-laws and her husband inside the matrimonial home on 05.10.2017 in respect to the said occurrence of murder, a criminal case was instituted being Raniganj Police Station Case No.372 of 2017 dated 06.11.2017 for commission of offence under Sections 302/498A/120B of Indian Penal Code r/w Section 25/27 of the Arms Act with respect to the investigation of the said case which is still pending before the Chief Judicial Magistrate at Durgapur, West Burdwan, West Bengal.

(3.) Hon'ble Calcutta High Court vide its order dated 07.02.2019 passed in W.P.1208(W) of 2019 handed over the investigation of the aforesaid case to the CBI and thereafter the CBI is investigating the matter.