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6. Mr. A. Allam, the learned Senior counsel appearing on behalf of the petitioners submits that the people in peaceful procession were moving without any arms and lathi of Popular Front of India, a registered society under the Societies Registration Act of which the petitioners are the members. He submits that during procession they caught hold by the police officials and they tried to hand over the memorandum demand to the police officials for fair investigation against Hisabi Roy but all were taken in the police station who were around 65 in number and most of them were students but the police implanted arms, lathi etc. He submits that all the 65 persons were arrested and submits that however about 100-150 persons were followed them to the police but they were dispersed by the police and 65 persons were taken into custody and they were tortured by the police. He submits that there were mob lynching cases in the district of Ramgarh, Giridih, Latehar and Saraikella, however, he submits that the action has been taken and some persons have also been convicted. In this background he submits that in view of the allegations, the life, liberty and dignity of the petitioners have been violated which is against the mandate of Constitution of India. He submits that in view of this fact, proper enquiry may kindly be directed.

8. Mr. Abhay Kumar Mishra, the learned counsel for the respondent no.4 submits that he has filed the counter affidavit in W.P.(Cr.) No.400 of 2017 and submits that the judgment dated 14.06.2023 whereby one of the accused Hanjela Sheikh has been convicted which is being disputed by Mr. Allam, the learned Senior counsel appearing on behalf of the petitioners.

9. In view of the above submission of the learned counsel for the parties, the Court has gone through the contents of the FIR in both the cases and finds that there are allegation of moving along with a large number of members in procession. It appears that the advice of the district administration was not adhered by them and they indulged in war with the administration and some of the police officers with press reporter have received the injury. Thus, from the record the argument advanced by the learned Senior counsel for the petitioners is not correct. If a peaceful procession is there, there was no question of such action on behalf of the accused persons. The photographs annexed with the counter affidavit filed by respondent no.4 at page 69 onwards, it appears that the police officials have received the injury and the photographs further suggest that the police officers were trying to stop them to move further. Prima facie, it appears that they were indulged in violence with the police. There is no doubt that it is not only the responsibility of the investigating agency as well as that off course of citizen to ensure that investigation is fair and does not in any way hamper the freedom of any individual except in accordance with law. In such type of cases, for mob violence and crime by self-appointed keepers of public morality terrorizing common man without legal sanction and causing loss of life and destruction of property, the Hon'ble Supreme Court in the case of "Kodungallur Film Society and others Vs. Union of India & Others" reported in (2018) 10 SCC 713 issued certain guidelines of extensive guidelines in the nature of preventive remedial and punitive measures to curb incidents of mob lynching and vigilantism as set out in the case of "Tehseen S. Poonawalla Vs. Union of India" reported in (2018) 9 SCC 501 wherein para-40 and 41, the following guidelines were issued.

40.15. Investigation in such offences shall be personally monitored by the Nodal Officer who shall be duty-bound to ensure that the investigation is carried out effectively and the charge-sheet in such cases is filed within the statutory period from the date of registration of the FIR or arrest of the accused, as the case may be.

40.16. The State Governments shall prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357-A CrPC within one month from the date of this judgment. In the said scheme for computation of compensation, the State Governments shall give due regard to the nature of bodily injury, psychological injury and loss of earnings including loss of opportunities of employment and education and expenses incurred on account of legal and medical expenses. The said compensation scheme must also have a provision for interim relief to be paid to the victim(s) or to the next of kin of the deceased within a period of thirty days of the incident of mob violence/lynching. 40.17. The cases of lynching and mob violence shall be specifically tried by designated court/Fast Track Courts earmarked for that purpose in each district. Such courts shall hold trial of the case on a day-to-day basis. The trial shall preferably be concluded within six months from the date of taking cognizance. We may hasten to add that this direction shall apply to even pending cases. The District Judge shall assign those cases as far as possible to one jurisdictional court so as to ensure expeditious disposal thereof. It shall be the duty of the State Governments and the Nodal Officers in particular to see that the prosecuting agency strictly carries out its role in appropriate furtherance of the trial. 40.18. To set a stern example in cases of mob violence and lynching, upon conviction of the accused person(s), the trial court must ordinarily award maximum sentence as provided for various offences under the provisions of the IPC. 40.19. The courts trying the cases of mob violence and lynching may, on application by a witness or by the Public Prosecutor in relation to such witness or on its own motion, take such measures, as it deems fit, for protection and for concealing the identity and address of the witness. 40.20. The victim(s) or the next of kin of the deceased in cases of mob violence and lynching shall be given timely notice of any court proceedings and he/she shall be entitled to be heard at the trial in respect of applications such as bail, discharge, release and parole filed by the accused persons.

10. Mob lynching or mob violence is one of the worst forms of crime committed by a group of people in a locality without any botheration of its consequence. According to them there must be various causes or reasons which may not be just or legal, on the basis of which such said crime is committed by them, out of which one is commonly or generally said to be due to delay in delivery of justice or the administration of justice. This is serious concern for the entire society including the Courts.