{"id":2896,"date":"2009-07-10T00:00:00","date_gmt":"2009-07-09T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/hitesh-varma-vs-state-of-jharkhand-ors-on-10-july-2009"},"modified":"2017-01-17T13:20:27","modified_gmt":"2017-01-17T07:50:27","slug":"hitesh-varma-vs-state-of-jharkhand-ors-on-10-july-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/hitesh-varma-vs-state-of-jharkhand-ors-on-10-july-2009","title":{"rendered":"Hitesh Varma vs State Of Jharkhand & Ors on 10 July, 2009"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Hitesh Varma vs State Of Jharkhand & Ors on 10 July, 2009<\/div>\n
             In the High Court of Jharkhand at Ranchi\n\n                      W.P.(Cr.) No.304 of 2008\n\n             Hitesh Verma................................ Petitioner\n\n                      VERSUS\n\n             State of Jharkhand through\n             Secretary (Home) andothers..........Respondents\n\n             CORAM: HON'BLE MR. JUSTICE R.R.PRASAD\n\n             For the Petitioner: M\/s. Jai Prakash and Pandey Neeraj Rai\n             For the State      : Mr.R.R.Mishra, G.P.II\n             For the Informant: Mr. Prabhash Kumar\n\nReserved on 28.5.2009                                   Pronounced on 10.7.2009\n\n15.   10.7.09<\/pre>\n
.        This writ application has been filed for quashing the order<\/p>\n
             dated 16.9.2008 passed by Additional Judicial Commissioner-cum-<\/p>\n
             FTC No.VII, Ranchi in Sessions Trial No.237 of 2005 whereby<\/p>\n
             Additional Judicial Commissioner declined to call for a report of the<\/p>\n
             Investigating Agency which, according to         the petitioner, does<\/p>\n
             contain vital evidences including the records relating to treatment<\/p>\n
             of the deceased and consequently to direct learned court to ensure<\/p>\n
             production of the said report for its consideration at the time of<\/p>\n
             hearing on the point of discharge\/framing of charge.<\/p>\n
                      Before adverting to the submissions advanced on behalf of<\/p>\n
             the parties, the facts giving rise this application need to be stated<\/p>\n
             in brief.\n<\/p>\n
                      When Sanjana Verma, wife of the petitioner was found<\/p>\n
             dead, it was suspected by the informant to be a case of homicide<\/p>\n
             and hence, lodged a case on the allegation that          just after the<\/p>\n
             marriage, the       husband (petitioner), father-in-law as well as<\/p>\n
             mother-in-law of the deceased had started putting forth demand<\/p>\n
             of a car and money and in order to get the demand fulfilled, she<\/p>\n
             was being subjected to cruelty and ultimately, she was done to<\/p>\n
             death.      Accordingly, Doranda (Argora) P.S. case no.329 of 2004
\n                                 2<\/span><\/p>\n
was instituted under sections 302 and 498A\/34 of the Indian Penal<\/p>\n
Code. The police having investigated the case, submitted charge<\/p>\n
sheet under section 498A and 304A of the Indian Penal Code<\/p>\n
against the petitioner (husband of the deceased), while the<\/p>\n
investigation against the father-in-law and mother-in-law of the<\/p>\n
deceased was kept open. However, the police subsequently did<\/p>\n
not find complicity of those persons and hence, submitted final<\/p>\n
form. Thereafter the petitioner made a representation before the<\/p>\n
Additional Director General of Police, CID, Jharkhand for taking up<\/p>\n
the matter for fresh investigation as the investigation made by the<\/p>\n
district police is not only tainted with bias but is faulty also as so<\/p>\n
many materials showing innocence of the petitioner have not been<\/p>\n
brought forth resulting into injustice to the petitioner.              Having<\/p>\n
satisfied, Additional Director General of Police, CID ordered for<\/p>\n
enquiry into the matter. On taking the matter for enquiry, the<\/p>\n
enquiring officer, according to the petitioner, did find that the<\/p>\n
deceased had been admitted in Central Coalfields Limited, Central<\/p>\n
Hospital, Gandhinagar, Ranchi for acute bronchial asthma and non-<\/p>\n
sensitive pneumonia which fact was revealed from the Bed Head<\/p>\n
Ticket    of   the    Central    Coalfields   Limited,    Central     Hospital,<\/p>\n
Gandhinagar, Ranchi as well as Apollo Hospital, Ranchi but those<\/p>\n
materials never form part of the case diary. The enquiring officer<\/p>\n
on collecting the aforesaid materials and other evidences did find<\/p>\n
the investigation made by the police to be biased and faulty. On<\/p>\n
submission of the report,           Additional Director General of Police,<\/p>\n
CID, directed the Inspector of Police, CID to seek permission of the<\/p>\n
court for reinvestigation. However, when the prayer was made on<\/p>\n
behalf of the CID to allow him to take further investigation in the<\/p>\n
matter,    the       prayer     was    refused   by      Additional    Judicial<\/p>\n
Commissioner-cum-FTC VII, Ranchi on the ground that no fresh
\n                                 3<\/span><\/p>\n
materials either oral or documentary seem to have been collected<\/p>\n
and as such, prayer for reinvestigation was disallowed on<\/p>\n
22.2.2007. When the said order was challenged before this Court in<\/p>\n
W.P.(Cr.) No.112 of 2007, the order passed by the Additional<\/p>\n
Judicial Commissioner was affirmed by holding that all the materials<\/p>\n
are available on           record      which   have   been       sought    to be<\/p>\n
reappreciated by the new investigating agency.<\/p>\n
       However, before that a representation seems to have made<\/p>\n
on behalf of the petitioner before the Director General of Police,<\/p>\n
Jharkhand as well as Superintendent of Police that injustice has<\/p>\n
been   done       to     the   petitioner      at   the behest of some high<\/p>\n
officials, as the petitioner is quite innocent and, therefore, request<\/p>\n
was made for further investigation. On the said representation, one<\/p>\n
D.P.Singh, Sub-Inspector of Police, Argora Police Station, Ranchi<\/p>\n
made    further        investigation    and     submitted    a    report   dated<\/p>\n
17.12.2006 (Annexure A to the counter affidavit) to the Senior<\/p>\n
Superintendent of Police. At the same time, enquiry in relation to<\/p>\n
the alleged offence was also made by the Sub-Inspector of Police,<\/p>\n
pursuant to direction given by Director General of Police, Jharkhand<\/p>\n
and on holding investigation\/ enquiry, a report dated 10.3.2008<\/p>\n
(Annexure C to the counter affidavit) was submitted.<\/p>\n
       It further appears that when investigation with respect to<\/p>\n
father-in-law and mother-in-law of the deceased got completed, a<\/p>\n
supplementary charge sheet was submitted which contained<\/p>\n
supplementary post mortem report but when it was found by the<\/p>\n
petitioner that it does not contain the records relating to the<\/p>\n
treatment of the deceased at Apollo Hospital and Central Coalfields<\/p>\n
Limited, Central Hospital, Gandhinagar, prayer was made on behalf<\/p>\n
of the petitioner to call for the same but the said prayer was<\/p>\n
refused by the Additional Judicial Commissioner, Ranchi.However,
\n                           4<\/span><\/p>\n
before that, the petitioner had moved an interlocutory application<\/p>\n
in W.P (Cr) No.112 of 2007 which had already been disposed of<\/p>\n
whereby prayer was made to direct the CID to transmit the record<\/p>\n
to the court but the said prayer was dismissed on the ground that<\/p>\n
after dismissal of the writ application, the court became functuous<\/p>\n
officio. However, liberty was given to the petitioner for filing an<\/p>\n
appropriate application before the trial court. When the said prayer<\/p>\n
was made, learned Additional Judicial Commissioner declined to call<\/p>\n
for the same, vide order dated 16.9.2008 which has been sought<\/p>\n
tobe quashed.\n<\/p>\n
       Learned counsel appearing for the petitioner submitted that<\/p>\n
upon revelation of certain new materials showing innocence of the<\/p>\n
petitioner when the prayer was made on behalf of the CID to allow<\/p>\n
him to reinvestigate the matter, the court below did not allow CID<\/p>\n
to reinvestigate the case and subsequently when certain materials<\/p>\n
collected in course of reinvestigation were sought to be produced,<\/p>\n
the court below again rejected the prayer though they are very<\/p>\n
much essential for coming to jut decision of the case.<\/p>\n
       Learned counsel appearing for the petitioner submitted that<\/p>\n
though the prayer has been made to direct the learned court to call<\/p>\n
for the documents including the documents collected in course of<\/p>\n
enquiry by the CID but he will be confining his prayer relating to<\/p>\n
enquiry report    dated 17.12.2006 (Annexure A to the counter<\/p>\n
affidavit) and the documents which form part of the report and also<\/p>\n
the report dated 10.3.2008 (Annexure C to the counter affidavit)<\/p>\n
submitted to the Deputy Inspector General of police as the<\/p>\n
materials collected in course of further investigation would be<\/p>\n
essential for the court to arrive at just decision but the court has<\/p>\n
refused the prayer and as such, there would be miscarriage of<\/p>\n
justice.\n<\/p>\n
                             5<\/span><\/p>\n
       In this respect it was further submitted that the State in his<\/p>\n
counter affidavit has accepted about the submission of the<\/p>\n
aforesaid reports to higher police officials and has also accepted<\/p>\n
that those documents could not be submitted before the trial court.<\/p>\n
However, statement has been made in the counter affidavit that<\/p>\n
there would be no objection on the part of the respondent-State in<\/p>\n
submitting the reports dated 17.12.2006 and 10.3.2008 of the<\/p>\n
further investigations.\n<\/p>\n
       However, learned counsel appearing for the informant<\/p>\n
submitted that earlier when the petitioner had moved before this<\/p>\n
Court against the order under which prayer was refused to allow<\/p>\n
CID to take up the matter for reinvestigation, this court affirmed<\/p>\n
the order of the trial court by holding that no such material has<\/p>\n
surfaced which warrants any further investigation and as such, this<\/p>\n
application is also fit to be dismissed.\n<\/p>\n
       Having heard learned counsel appearing for the parties, it<\/p>\n
does appear that       the district police after finding prima facie<\/p>\n
materials showing culpability of the petitioner submitted charge<\/p>\n
sheet against him under sections 304A and 498A of the Indian<\/p>\n
Penal Code. Thereupon when the petitioner and his parents craved<\/p>\n
for justice from the higher district police officials including CID,<\/p>\n
Additional Director General of Police, CID got the matter enquired<\/p>\n
into and on submission of the report, when it was found that the<\/p>\n
investigation made was tainted, an application was filed at the<\/p>\n
instance of the CID for seeking permission for reinvestigation but<\/p>\n
that was not allowed by the trial court, which order was affirmed<\/p>\n
by this Court by holding that there appears to be no fresh materials<\/p>\n
but that finding, according to learned counsel appearing for the<\/p>\n
petitioner, seems to have inadvertently been recorded as during<\/p>\n
investigation concerning other accused than the petitioner certain
\n                              6<\/span><\/p>\n
documents relating to treatment of the deceased which, according<\/p>\n
to the petitioner, would go to show about the innocence of the<\/p>\n
petitioner though collected but were not submitted      along with<\/p>\n
supplementary charge sheet, though according to the reports<\/p>\n
(Annexures A and C to the counter affidavit ) which were furnished<\/p>\n
to the parents of the petitioner under the provision of Right to<\/p>\n
Information Act, those documents had been collected by the<\/p>\n
Investigating Officer earlier and the photo copy of those records<\/p>\n
are part of the report but the Additional Judicial Commissioner<\/p>\n
refused to call for the report on the ground that the report of the<\/p>\n
CID or the district police after further investigation has neither<\/p>\n
been forwarded nor submitted to the Magistrate as stipulated<\/p>\n
under section 173(8) of the Code of Criminal Procedure and hence,<\/p>\n
those reports cannot be considered to be the report in terms of<\/p>\n
Section 173(8) of the Code of Criminal Procedure.          Learned<\/p>\n
Additional Judicial Commissioner does not seem to be correct in his<\/p>\n
approach as under the criminal dispensation system doing justice is<\/p>\n
the paramount consideration and that duty cannot be abdicated or<\/p>\n
diluted and diverted by any manipulative means and as such, it is<\/p>\n
the duty of the prosecutor as well as the court to ensure that full<\/p>\n
materials facts are brought on the record so that there might not<\/p>\n
be miscarriage of justice.\n<\/p>\n
       This proposition of law has been laid down by the Hon’ble<\/p>\n
Supreme Court in a case of Zahira Habibulla H. Sheikh vs.<\/p>\n
State of Gujrat [(2004) 4 SCC 158]. The Hon’ble Court further<\/p>\n
says that   sub-section (8) of Section 173 of the Code permits<\/p>\n
further investigation and even dehors any direction from the court<\/p>\n
as such, it is open to the police to conduct proper investigation,<\/p>\n
even after the court took cognizance of any offence on the strength<\/p>\n
of a police report earlier submitted.\n<\/p>\n
                                   7<\/span><\/p>\n
             Under the circumstances, it was incumbent upon the Court<\/p>\n
      to call for those reports dated 17.12.2006 (Annexure A to the<\/p>\n
      counter affidavit) along with documents which form part of the<\/p>\n
      reports as well as report dated 10.3.2008 (Annexure C to the<\/p>\n
      counter affidavit) for its consideration while dealing with the matter<\/p>\n
      relating to discharge\/framing of charge as those materials appear<\/p>\n
      to be relevant materials.       Moreover, the Hon’ble Supreme Court<\/p>\n
      while disposing of Cr. App. No.1273 of 2005 has been pleased to<\/p>\n
      observe that sessions court may frame charge in this case having<\/p>\n
      regard to all relevant materials produced before it.<\/p>\n
             Under this situation, the order dated 16.9.2008 passed by<\/p>\n
      the Additional Judicial Commission-cum-FTC No.VII, Ranchi is<\/p>\n
      hereby set aside     and the Additional Judicial Commissioner is<\/p>\n
      hereby directed to call for the aforesaid reports along with its<\/p>\n
      Annexures from the Investigating Agency, so that the same be<\/p>\n
      considered at the time of hearing on the point of discharge\/<\/p>\n
      framing of charge.\n<\/p>\n
             Accordingly, this application is allowed.\n<\/p>\n<\/p>\n
                                                         (R.R.Prasad, J.)<\/p>\n
ND\/\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Jharkhand High Court Hitesh Varma vs State Of Jharkhand & Ors on 10 July, 2009 In the High Court of Jharkhand at Ranchi W.P.(Cr.) No.304 of 2008 Hitesh Verma………………………….. Petitioner VERSUS State of Jharkhand through Secretary (Home) andothers……….Respondents CORAM: HON’BLE MR. JUSTICE R.R.PRASAD For the Petitioner: M\/s. Jai Prakash and Pandey Neeraj Rai For the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-2896","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nHitesh Varma vs State Of Jharkhand & Ors on 10 July, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/hitesh-varma-vs-state-of-jharkhand-ors-on-10-july-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Hitesh Varma vs State Of Jharkhand & Ors on 10 July, 2009 - 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