Jharkhand High Court
Toukir Alam vs The State Of Jharkhand And Ors on 8 September, 2015
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 229 of 2015
...
Toukir Alam, son of Gulam Rasool, resident of Darzi
Mohalla, P.O. & P.S. - Dhanwar, District - Giridih,
Jharkhand.
... Petitioner
-V e r s u s-
1. The State of Jharkhand.
2. The Director General of Police, Jharkhand, Police
Headquarter, Dhurwa, P.O. + P.S. - Dhurwa, District -
Ranchi.
3. The Inspector General of Police, North Chotanagpur
Division, Bokaro, P.O. + P.S. and District - Bokaro.
4. The Deputy Inspector General of Police, North
Chotanagpur Division, Hazaribagh, P.O. + P.S. and District
- Hazaribagh.
5. The Superintendent of Police, Giridih, P.O. + P.S. and
District - Giridih.
6. The Investigating Officer, Giridih, P.O. + P.S. and District
- Giridih.
7. Sunil Thakur, son of Shivshankar Thakur, Resident of
Village - Budhwadih, P.O. - Budhwadih, P.S. - Dhanwar,
District - Giridih.
... Respondents
...
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
...
For the Petitioner : - Mr. Tejo Mistry, Advocate.
For the Respondents : - J.C. to S.C.-III.
...
08/08.09.2015This application has been filed for issuance of a direction commanding the State to transfer the investigation of the case to some other agency, as Investigating Officer is biased with the petitioner.
It appears that the petitioner is a named accused of Dhanwar P.S. Case No. 16 of 2012, registered under Sections 147, 148, 149, 341, 342, 323, 324, 307, 427, 379, 295 (A) and 505 of the I.P.C. It then appears that the petitioner has filed application before the Superintendent of Police, Giridih alleging therein that the informant Sunil Thakur told him that his signature on the first information report is fake and the I.O. with view to falsely implicate the petitioner and other accused persons had forged the signature of the informant on the F.I.R. Accordingly, it is submitted that the I.O. himself is involved in the forgery, -2- therefore, it is in the interest of justice that investigation be carried out by some other agency.
A counter affidavit filed on behalf of the State wherein it is stated that after receiving the complaint of the petitioner, the Sub Divisional Police Officer as well as the S.P., Giridih made inquiry and called the informant, who stated before them that the said F.I.R. was filed by him and the signature on the F.I.R. also belongs to him. Informant Sunil Thakur has given the aforesaid statement on affidavit.
In the aforesaid facts and circumstances, I find no merit in this writ application. Accordingly, this writ application is dismissed.
( Prashant Kumar, J.) sunil/