Jharkhand High Court
Sanjay Sharma vs The State Of Jharkhand on 25 April, 2017
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2833 of 2017
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Sanjay Sharma ............ Petitioner.
Versus
The State of Jharkhand .. ... ... ... ...Opp. Party.
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner : Mr. R.S. Majumdar, Sr. Advocate
: Mr. Rajesh Kumar, Advocate.
For the State : Mr. Gouri S. Prasad, A.P.P.
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2/25.04.2017: Zero FIR No. 0001 dated 8.2.2017 was registered in terms of Section 154 Cr.P.C. by the Kamla Market Police Station, Central Delhi, for the offence under Section 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offence (POCSO) Act, 2012. The certified copy of the said FIR is at page 31 of this bail application.
Since the police at Delhi had no territorial jurisdiction to investigate the occurrence, vide letter No. 2055/SO/DCP/C(AC-2) Delhi dated 13.2.2017 the said Zero FIR was sent to the Senior Superintendent of Police, Bokaro for further investigation into the matter. This fact finds mentioned in the case dairy produced by the informant, which is not disputed by the A.P.P. On the basis of the said Zero FIR, a formal FIR has been registered on 10.2.2017, which is prior to the date of forwarding the Zero FIR by the Office of the Additional Commissioner of Police, Central Delhi. Surprisingly, the Zero FIR is the part of the FIR lodged by the Bokaro Police at 17:23 hours on 10.2.2017, which is numbered as Bokaro Sector IV P.S. Case No. 0019 dated 10.2.2017. Surprisingly, when the Zero FIR of Delhi Police was sent only on 13.2.2017 to the Bokaro Sector-IV Police Station, how, before receipt of the said Zero FIR, on 10.2.2017 the Bokaro Sector -IV P.S. Case No. 0019 was registered that too, on the basis of Zero FIR lodged at Central Delhi on 8.2.2017. This action needs an explanation.
The Director General of Police, Jharkhand, Ranchi will file an affidavit explaining as to how Bokaro Sector-IV Police Case No. 0019 dated 10.2.2017 has been registered solely basing on Zero FIR dated 8.2.2017, lodged in Central Delhi, even before receipt of Zero FIR by the Police at Bokaro. The affidavit should be filed within two weeks.
Mr. R.S. Majumdar, learned senior counsel, voluntarily submits that he wants hearing of this case during summer vacation and as such, he prays to list this case on 19th May, 2017.
In view of the nice gesture of Mr. R.S. Majumdar, learned senior counsel, list this case on 19th May, 2017.
Let a copy of this order be handed over to the learned Addl. P.P. for further action.
Registry is directed to send a copy of this order through FAX to the Director General of Police, Jharkhand, Ranchi, at the earliest.
(ANANDA SEN , J) Anu/-