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2025 DAILYLAW 18518 (JHR)

MD MUMTAJ ANSARI ALIAS MUMTAJ ANSARI v. THE STATE OF JHARKHAND

W.P.(Cr.)/375/2023 · 2025-07-22

Sri Ananda Sen

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Judgment text

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2025:JHHC:20092 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Criminal) No.375 of 2023 ------ Md. Mumtaj Ansari @ Mumtaj Ansari, aged about 45 years old, son of late Waris Ansari @ Mian, resident of Village-Dhurki, Post Office- Dhurki and Police- Station-Dhurki. … … Petitioner Versus 1. The State of Jharkhand. 2. The Secretary, Ministry of Home Affairs, Government of Jharkhand, Project Building, PO- Dhurwa, P.S.-Dhurwa, District- Ranchi. 3. The Director General of Police, PO- Dhurwa, P.S.-Dhurwa, District-Ranchi. 4. Inspector General, South Chotanagpur, Ranchi, P.O.- Doranda, P.S-Doranda, District-Ranchi. 5. The Superintendent of Police, Garhwa, Post Office- Garhwa, Police Station- Garhwa, District- Garhwa. 6. The Town Sub-Divisional Police Inspector, Garhwa, PO-Garhwa, PS-Garhwa, District-Garhwa. 7. The House Station Officer, Dhurki, PO-Garhwa, P.S.-Garhwa, District-Garhwa. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner : Mr. Haider Ali, Adv. For the Respondent(s) : Mr. Devesh Krishna, SC Mines III Mr. Kumar Pawan, AC to SC Mines-III ------ 08/ 22.07.2025 Learned counsel for the petitioner submits that in this case after the F.I.R. was registered against the Police Officials, in a very perfunctory manner final form has been submitted exonerating them, though this is a case of custodial death. 2. He submits that since the final form has been submitted exonerating the Police Officials, the petitioner has got a statutory remedy by approaching the Magistrate concerned by filing a protest petition and/or bringing to the notice of the Magistrate through the case diary that a cognizable offence is made out and the investigation has been done in a most perfunctory manner, he may be given a liberty to approach the Court concerned. 3. Considering the submission of the parties, since a final form has already been filed to which the informant is dissatisfied, it is open to the informant to file a protest petition, protesting the final form. The petitioner should approach the concerned 2025:JHHC:20092 2 Magistrate. 4. Accordingly, this criminal writ petition is dismissed as withdrawn, with the aforesaid liberty. (ANANDA SEN, J.) Sandeep.Cp-3