Santosh Kumar Jain vs The State of Jharkhand

D.K. Sinha, J.

(I.A. No. 487 of 2011)

Present interlocutory application has been filed on behalf of the Petitioner with two-fold prayer viz. (i) lower-court may be directed to accept the final form, which has been submitted by the police after investigation u/s 173 of the Code of Criminal Procedure and (ii) court be directed to take action under Sections 182/211 of the Indian Penal Code on the Petition filed by the Investigating Officer.

Learned senior Counsel, Mr. P.P.N. Roy, appearing on behalf of the Petitioner, submits that he is not pressing the latter part of the prayer that has been made in the interlocutory application. Since the police has already submitted final form exonerating criminal liability of the Petitioner about six months ago and no final order has been passed by the court concerned on the final form/police report submitted by the Investigating Officer, suitable order may be passed.

Learned senior counsel further submits that he is inclined to withdraw the main Petition viz. Cr.M.P. No. 724 of 2009.

I find from the charge-sheet, which has been annexed with the interlocutory application, that it was received by the C.J.M. on 9.11.2009. From perusal of the xerox copy of the final form/report submitted by the police (Annexure-IA-1 of the interlocutory application), I find that C.J.M., Ranchi had put his initial on 9.11.2009 by making his endorsement "Seen" and the date of submission of the charge-sheet has been mentioned therein being 26.10.2009 but the order sheet has got bearing the date of 7.6.2010 about the receipt of the charge-sheet and the request of the Investigating Officer wherein the allegation was found false and he requested for initiation of the case under Sections 182/211 of the Indian Penal Code.

I further find that no final order has been passed by the C.J.M. which shows lapses on his part in taking any decision on the final form/report submitted by the police.

In the circumstances, C.J.M., Ranchi is directed to pass final order on the final form/report submitted by the Investigating Officer u/s 173(2) of the Code of Criminal Procedure within two weeks on the receipt of the communication of this order through FAX or on presentation of the certified copy by the accused within such period.

On the submission of the learned senior counsel, Mr. P.P.N. Roy, the main Petition viz. Cr.M.P. No. 724 of 2009 is dismissed as withdrawn.

Accordingly, I.A. No. 487 of 2011 stands disposed of in the manner indicated above.