Jharkhand High CourtDipti Mookerjee And Anr. vs State Of Jharkhand And Ors. on 13 February, 2002Equivalent citations: 2002(1)BLJR575Author:D.N. PrasadBench:D.N. PrasadJUDGMENT
 

 D.N. Prasad, J.1. This application has been filed underArticle 227of the Constitution of India for grant of an appropriate writ in the nature of certiorari or an order or direction for quashing the entire criminal prosecution well as the including the order dated 29-11 -2001 passed by Chief Judicial Magistrate, Ranchi in Complaint Case No. 789 of 2001, whereby under the provisions of Section 156(iii) of the code of Criminal Procedure, complaint petitioner has been referred to the Lalpur Police Station for institution of an FIR and for submission of final form after investigation.2. The learned Counsel appearing for the petitioners submitted that the whole allegation has been concocted in order to harass the petitioners as there was already an agreement in 1986 and period has already expired and this complaint case has been filed only because of the fact that one Kumud Kumar Jha was appointed as Attorney on 10-8-2001, with an allegation of mala fide intention. It is also submitted that already several allegations have been made by petitioners against the Officer-in-Charge, Lalpur Police Station and as such Lalpur Police Station's Officer-in-Charge is wholly based with the grievances of the petitioners and against him, a writ is also pending in this Court.3. There appears that the C.J.M. Ranchi has simply sent the complaint case for institution of the FIR and for investigation under Section 156(iii) Cr. P.C. and it was incumbent upon the Investigation Officer to investigate the case independently and fairly.4. However, in view of the allegations made as against the Officer-in-Charge, Lalpur Police Station, he is not required to take up this case for investigation and as such the Senior Superintendent of Police, Ranchi is directed to appoint a competent officer of Lalpur Police Station, except the Officer-in-Charge of that Police Station for investigation of this case, as directed by the C.J.M. underSection 156(iii), Cr.P.C. fairly and independently. [5. With this observation, this application is disposed of.