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Jharkhand High Court

Vxl Computers, A Unit Of Vexel Computers ... vs State Of Jharkhand & Ors on 10 January, 2014

Author: Prashant Kumar

Bench: Prashant Kumar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                           W.P.(Cr) No. 287 of 2011

              VXL Computers, a Unit of Vexcel Computers Pvt Ltd
                                                     ...    ....Petitioner
                                  Vs.
              1.The State of Jharkhand
              2. Shri Surender Prasad Singh
              3. Jharkhand State Electricity Board through its Secretary
              4.Mr. Ajay Kumar
              5. Shri Ashok Kumar                    ....Respondents

CORAM:        HON'BLE MR. JUSTICE PRASHANT KUMAR

              For the Petitioner:        Mr.   B. Poddar, Sr. Advocate
                                         Mr.   Krishyna Murari
                                         Mr.   Piyush Poddar
              For the Respondents:       Mr.   R. Mukhopadhyay, S.C.-II
                                         Mr.   Amit Kumar

7/10.01.2014

: It appears from the status report that Jacinta Kerketta, Dy. S.P.(CCR), Jamshedpur, who is Investigating Officer, is not doing investigation in proper manner, as she is not exercising power vested in her as per the Criminal Procedure Code because, in stead of conducting raid in the office of Jharkhand State Electricity Board and conducting search and seizure, the I.O. made request to General Manager, Electric Supply Division, for supply reports relating to VXL Computers. It also appears that in stead of going to the office of J.S.E.B. and recording statement of Mr. Amit Banarjee, the then Financial Controller, Shiv Kumar Srivastava Accounts Officer, Sudhir Kumar Accounts Officer, the I.O. is asking the officer of the JSEB for informing them so that their evidence can be recorded.

Thus, I find that because of the delaying tactic of the present Investigating Officer, there is no progress in the investigation and the report required under section 173 of the Cr.P.C. , has not been filed.

Accordingly, I direct the Director General of Police, Jharkhand to change the Investigating Officer and ask him to complete the investigation at the earliest and submit report under section 173 of the Cr.P.C. in accordance with law within two months from today.

Put up this case on 21.03.2014.

( Prashant Kumar,J.) Sharda/-