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Jharkhand High Court

Md Kalam vs The State Of Jharkhand on 17 August, 2015

Author: Prashant Kumar

Bench: Prashant Kumar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No. 912 of 2015
                                      ...
                Md. Kalam                              ... Petitioner
                                -V e r s u s-
                The State of Jharkhand                 ... Opposite Party
                                      ...
                CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
                                      ...
                For the Petitioner    : - Mr. Santosh Kr. Soni, Advocate
                For the State          : - Mr. Hardeo Pd. Singh, A.P.P.
                                      ...

03/17.08.2015

This application has been filed for quashing the F.I.R.

in connection with Sadar P.S. Case No. 250 of 2014, corresponding to G.R. No. 1033 of 2014 under Section 429 of the I.P.C., Section 51 of Wild Life Protection Act and Section 4(A)/4(B)/5 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.

It is submitted by Sri Santosh Kumar Soni, learned counsel for the petitioner that in this case the investigation has been given to an A.S.I., who is not competent to do so in view of Section 10 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.

It is an admitted position that still the charge sheet has not been submitted.

Under the said circumstance, Officer-in-charge, Sadar P.S., Hazaribagh, is directed to do the investigation himself afresh in connection with Sadar P.S. Case No. 250 of 2014 dated 20.03.2014.

Any investigation made by A.S.I. is herewith quashed as the same is without jurisdiction.

With the aforesaid observation and direction, this application is disposed of.

( Prashant Kumar, J.) sunil/