SUKRI MAHATO v. THE STATE OF JHARKHAND THROUGH SUPERINTENDENT OF POLICE
W.P.(Cr.)/496/2024 · 2025-04-09
Anil Kumar Choudhary
body2025
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[ 2025 DAILYLAW 34156 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 34156 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(2025:JHHC:11635) 1 W.P. (Cr.) No. 496 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 496 of 2024
Sukri Mahato, aged about 49 years, wife of Late Bankim Mahato @ Harekrishna Mahato, resident of Village - Latemada, P.O. Kukru, P.S.-Tiruldih, District - Seraikella- Kharsawan. ...... Petitioner Versus
1. The State of Jharkhand through Superintendent of Police, P.O. & P.S. Seraikella, District Seraikella - Kharsawan. 2. Madan Mahato, son of Late Nirmal Mahato, resident of village Latemada, P.O. Kukru, P.S. Tiruldih, District - Seraikella- Kharsawan. 3. Officer in Charge, Tiruldih Police Station, P.O. Kukru, P.S. Tiruldih, District Seraikella - Kharsawan. ….. Respondents
For the Petitioner
: Mr. R.C.P. Sah, Adv. For the Respondent no. 2 : Mr. Harendra Kr. Mahto, Adv. P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard. No one turns up on behalf of the respondent no. 1 and 3 in spite of repeated calls. 2. This Writ Petition Criminal has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with the prayer for reinvestigation of Tiruldih P.S. case no. 30 of 2022 corresponding to G.R. no. 244 of 2023 because the police has submitted Final Report and has not sent up the respondent no. 2 of this writ petition, who was accused person of the said case for trial due to lack of evidence. 3. It is submitted by learned counsel for the petitioner that there is motive against the respondent no. 2 for having committed murder of the husband of the petitioner, as he is the paternal uncle of the husband of the petitioner, hence, it is submitted that the prayer as made in this writ petition be allowed. (2025:JHHC:11635) 2 W.P. (Cr.) No. 496 of 2024
4. Learned counsel for the respondent no. 2, on the other hand, vehemently opposes the prayer and submits that in this case, after submission of the Final Report by the police on 18.05.2023, notice was issued to the writ petitioner for her appearance before the court of learned SDJM, Chandil on 04.08.2023 but instead of appearing there and putting forth her grievance, if any, against the Final Report submitted, suppressing the material facts, the petitioner has filed this writ petition, which is not maintainable. It is next submitted that there is no evidence whatsoever, to implicate the respondent no.
2 in this case and the police has rightly submitted the Final Form. It is next submitted that the deceased died because of drinking alcohol heavily; as the petitioner was having illegal physical relationship with a co- villager namely Tapan Mahato, hence, it is submitted that this writ petition being without any merit be dismissed. 5. Having heard the submission made at the Bar and after going through the materials in the record, it is pertinent to mention here that the petitioner has suppressed the material facts that she has been issued notice from the court of learned SDJM, Chandil after Final Report was submitted by the police for lack of evidence and not sending up any accused person for trial, in Tiruldih P.S. case no. 30 of 2022 corresponding to G.R. no. 244 of 2023 and there is no explanation why the petitioner did not appear before learned SDJM, Chandil in response to the notice issued by the court concerned and there is no justifiable reason, as to why a reinvestigation is required to be ordered. 6. Under such circumstances, this Court is of the considered view that there is no merit in this writ petition. 7. Accordingly, this writ petition is being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 9th April, 2025 Smita /AFR