Jharkhand High Court
Hidayat Ansari vs The State Of Jharkhand on 17 January, 2014
Author: D.N.Patel
Bench: D.N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4123 of 2013
Hidayat Ansari ... ... Petitioner
Versus
State of Jharkhand ... ... Respondent
------
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
------
For the Petitioner : M/s Manjula Upadhyay
For the Respondents : M/s Lily Sahay
Nikki Sinha
-----
05/Dated 17th January, 2014
1. This application has been preferred for getting bail under section 439 of the Code of Criminal Procedure. The charges levelled against this accused is under section 364, 302, 120 B/34 and 201 Previously, six times bail application of this accused has been rejected by this court. That means, in total, in the trial court as well as in the High Court half a dozen times prayer for bail of this accused has been rejected. This court has also passed an order for early disposal of S.T. No. 191 of 2009 by the District & Additional Sessions Judge-I, Garhwa and a letter has been received from the District & Additional Sessions Judge-I, Garhwa that informant as well as investigating officer is not attending the court as witnesses. Non-bailable warrant has been issued against the informant and letter has been written to the Superintendent of Police as well as Director General of Police for producing the investigating officer as a witness. Despite this, the Investigating officer has not turned up in the trial court as witness. As the Investigating Officer has not turned up in the trial court as witness, the case has not been concluded in time.
2. This matter was started before recess and when we continued after recess, it is assured by the A.P.P. that the investigating Officer will go as a witness before the trial court tomorrow because tomorrow is the date of further hearing of S.T. No. 191/2009 before the District & Additional Sessions Judge-I, Garhwa. Counsel for the respondent State, learned A.P.P. has submitted that she had telephonic talk with the concerned Public Prosecutor, who tried to talk to the Superintendent of Police regarding this matter, and upon instruction of the Public Prosecutor, it is assured by the A.P.P. of this court that the concerned Investigating Officer, will attend the court as a witness.
3. I, therefore, direct the Secretary, Home Department as well as the Director General of Police of the State of Jharkhand not to pay salary to the investigating officer of the case in question till he goes as the witness to the trial court. This order of stoppage of salary should have been passed by the learned trial court because the courts just can not go on requesting the investigating agency for due cooperation because it is the duty of the investigating officer to go to the court as witness. It appears that this Investigating Officer has failed to perform his duty and therefore, the Investigating Officer is also directed that his salary bill will not be prepared till he is examined as prosecution witness before the trial court in S.T. No. 191 of 2009. A Division Bench of this court has also delivered a judgment and the same has also been circulated to all the judges, who are conducting sessions cases, to stop the salary of such type of investigating officers. Henceforth, strict compliance of the direction of the Division Bench should be observed by the trial courts. It has also been mentioned that a departmental proceeding shall be conducted against a judge in case he fails to do so. I further direct the State of Jharkhand through the Secretary, Home Department, Govt. of Jharkhand or the Director General of Police for departmental action against this erring investigating officer, who is not going to the trial court as prosecution witness. It is now high time for the State to initiate departmental action against such type of investigating officers, who are not going to the courts as witnesses. Further,there is also circular issued by the Secretary, Home Department, Govt. of Jharkhand, specially directing the Investigating Officers to go to the court as witness. Therefore, there is also violation of the circular and direction issued by the Secretary, Home Department by the concerned Investigating Officer and therefore also departmental action is necessary to be taken
4. This order shall be communicated by the A.P.P. to the Secretary, Home Department, Govt. of Jharkhand as well as to the Director General of Police, State of Jharkhand as well as to the Investigating Officer in S.T. No. 191 of 2009.
5. Registrar General of this court is also directed to supply the copy of this order, initially by Fax, to the
(a) Secretary, Home Department
(b) Director General of Police, Jharkhand (c ) District & Additional Sessions Judge-I, Garhwa.
(d) Principal Judicial Commissioner and all the Principal District Judges of the District courts of this State. They shall circulate it to all the judges in their judgeship.
6. This matter is adjourned to be listed on 24th January, 2014.
(D.N.Patel, J.) s.m.