High CourtsSingle Bench(2023) 11 JH CK 0037

Shishir Toppo vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 6 November 2023

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
CASE NUMBER
Writ Petition (Criminal) No. 815 Of 2023

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Judgment

7 paragraphs · 290 words

Sanjay Kumar Dwivedi, J

1.

Learned counsel appearing for the petitioner submits that the petitioner belongs to scheduled tribe and earns his livelihood through farming. He submits that the petition was filed in respect of continuous harassment and abuse of power by the State officials in Simdega, particularly Circle Officer namely Pratap Minj and Executive Magistrate namely Pankaj Kumar Bhagat of village Kochardega in Simdega. He submits that at around 9.00 p.m. on 09.03.2023, the above officials came in drunken state and instead of initiating any enquiry against the P.D.S Dealer in view of complaint made by the villagers, they started arguing with the petitioner and other villagers by threatening them to send jail and implicating in false cases. They have crossed the limit and abused the petitioner and others with filthy language. He submits that all these have been recorded in the video clip which is produced on record in envelop in pen-drive as Annexure-1. He submits that the said Annxexure-1 has already been supplied upon the learned counsel for the respondent State.

2.

In view of the above, the respondent State shall take instruction and file counter affidavit within four weeks.

3.

The said video clips, which is on the record shall also be examined by the Superintendent of Police, Simdega and in the said affidavit, what has been seen by the Superintendent of Police, Simdega will also be disclosed for consideration of the Court.

4.

Let a copy of this order be communicated to the Superintendent of Police, Simdega.

5.

Let it appear on 19.12.2023.

6.

Till the next date, no coercive steps shall be taken against the petitioner in connection with Mufasil P.S.Case No.05 of 2023, pending in the court of learned Chief Judicial Magistrate, Simdega.