Dr. Bimal Kumar Mishra and Others vs The State of Jharkhand and Others

Hon''ble Prakash Tatia C.J.

Heard learned counsel for the petitioners as well as the learned Advocate General. It is true that in a big matter of scam which is alleged to have been committed by M/s. Sanjeevani Buildcon and admittedly several F.I.Rs. have been lodged and according to the learned counsel for the writ petitioners the writ petitioners themselves have lodged F.I.R. on 16th April, 2012.

According to the learned counsel for the writ petitioners the State Government has ordered for establishing a Special Investigating Team (S.I.T.) but according to the learned counsel for the petitioners for that no notification has yet been issued.

Be that as it may, the matter is under investigation before the State Police and F.I.R. was lodged before approaching this Court in just recent times, in this very month itself.

Therefore, it appears that the petitioners in hot haste approached this Court under impression that the Jharkhand State Police will not act inspite of the fact that in several matters this Court has taken very strong view against the inactions of the Government Officials, may they be any police department or any public employment sector etc.

Therefore, in these facts and circumstances, this is hardly a stage where we can presume that the State Police Officials will not act fairly and will not investigate the matter properly and the Government will not do any work.

6.The presumption cannot be drawn simply because the petitioners have developed some presumption, therefore, we are making it clear that the things should be in the knowledge of the State Government with respect to the actions already taken by the High Court in various matters.

Learned Advocate General, submitted that the writ petition has been filed by the persons who are aggrieved persons, therefore, P.I.L. is not maintainable.

We are not entertaining this issue because of the reasons that we are of the view that writ petition is premature. Since we are holding it to be a premature writ petition, therefore, the writ petition is disposed of only with liberty to the petitioners to approach this Court if appropriate actions are not taken by the State in time effectively.