Babita Kacchap vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

This petition has been filed for direction upon the respondents to withdraw the case of Khunti P.S.Case No.143 of 2017, corresponding to G.R. No.347 of 2017, registered for the offence under sections 147, 148, 149, 341, 323, 327, 353, 504, 506, 120(B) of the I.P.C.

The learned counsel appearing for the petitioner submits that the State Government in meeting dated 29.12.2019 had decided to withdraw the cases in connection with pathalgarhi. He submits that the petitioner has filed the representation before the competent authority and no decision has been taken thereon. On this ground, he submits that direction may kindly be issued to withdraw the cases lodged against the petitioner.

On the other hand, Mrs. Vandana Singh, the learned counsel appearing on behalf of the respondent State submits that in view of the said decision of the Government a resolution was passed on 31.3.2021 whereby it has been decided that 3-Member Committee will be constituted who will examine the cases for withdrawal and it was further decided that if the allegations are of grievous in nature, the cases will not be withdrawn. She submits that there are serious allegations against the petitioner and that is why the case has not been withdrawn. She further submits that remedy is already there and she may persue the case before the competent authority and she further submits that 3-Member Committee has further decided that in view of allegations made against the petitioner the case of the petitioner shall not be withdrawn. She submits that 3-Member Committee has further sought guidelines from the Department.

In view of the above submission of the learned counsels appearing on behalf of the parties, the Court has gone through the contents of the F.I.R and finds that there are allegation of collecting illegal money from the persons who are doing transportation of illegal drugs. There is also allegation of assaulting the police officials and the name of this petitioner is also there. Thus, there are serious allegations against the petitioner which is coming in the way of Government to withdraw the cases. The 3-Member Committee has further found that the allegations against the petitioner are serious in nature and that is why further guideline has been sought from the concerned Department. Thus, it is not a case of interference.

Accordingly, W.P.(Cr.) No. 668 of 2022 is dismissed.

Pending petition also stands dismissed accordingly.