Chhavi Ranjan vs The State Of Jharkhand Through ... on 3 October, 2016

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Jharkhand High Court

Chhavi Ranjan vs The State Of Jharkhand Through ... on 3 October, 2016

Bench: Anant Bijay Singh

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A. B. A. No. 4005 of 2016
             Chhavi Ranjan                                             ..... Petitioner
                                              Versus
             The State of Jharkhand, through the Vigilance             ..... Opposite Party
                                               -----
                                            CORAM
                       HON'BLE MR. JUSTICE ANANT BIJAY SINGH
                                                -----
             For the Petitioner:          Mr. S.K.Jha
             For the Vigilance:           Mr. Nilesh Kumar, Spl. P.P (Vigilance)
                                               -----

03/03.10.2016

Learned counsel for the petitioner submitted that prior to lodging of this case, Markachho P.S.Case No. 83/2015 was instituted. The A.C.B had not taken over investigation of the aforesaid case, rather has instituted fresh case i.e. Vigilance P.S. Case No. 76/2015, which is in the teeth of the law laid down in the case of Amit Sah. Learned counsel further submitted that under Section 41A Cr.P.C, notice was issued to the petitioner. The petitioner had appeared and cooperated in the investigation.

Learned Spl. P.P (Vigilance) prays for some time to seek instruction in the matter.

Put up this case on 22.11.2016.

Till then, no coercive action shall be taken against the petitioner in connection with Vigilance Case No. 01/2016, arising out of Vigilance P.S. Case No. 76/2015, pending in the Court of Sri A. Dubey, learned Special Judge, Vigilance, Ranchi.

If the I.O wants to record the statement of the petitioner, he will give 72 hours' prior notice fixing date, time and place to the petitioner. The petitioner will appear on the fixed date, time and place before the I.O and get his statement recorded and also co-operate in the investigation.

If the petitioner does not appear before the I.O despite giving 72 hours' prior notice, it will be open to the I.O to file an application through learned Spl. P.P (Vigilance) before this Court for vacating the interim order.

  Satish/-                                                    (ANANT BIJAY SINGH, J)

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