JHARKHAND HIGH COURT ISSUES ORDER ON SYED MOHAMMAD JAHANGIR V/S THE STATE OF JHARKHAND

RANCHI, India, Oct. 17 -- Jharkhand High Court issued the following order on Sept. 16:

1. The present appeal is directed against the order dated 23.11.2023 passed by learned Single Judge in W.P.(S) No. 3676 of 2023 which was disposed of directing the appellant/writ petitioner to file a fresh representation and the respondents were directed to consider the same in accordance with law and thereafter to pass a speaking and reasoned order taking into consideration the fact that the writ petitioner was acquitted in the criminal case. It was also observed that if the decision was taken in favour of the appellant/writ petitioner, the amount of Rs.4.00 Lakhs deducted from his retiral benefits would be refunded to him. However, the learned Single Judge did not pass any order for payment of interest on the said amount.

2. Learned counsel for the appellant submits that a criminal case being Chutia P.S Case No. 03 of 1997 corresponding to G.R. No. 39 of 1997 was instituted against the appellant and one Aradhna Singh for the offence punishable under Section 304A of IPC causing death of Ranjan Kumar Sinha @ Pappu due to negligence. The widow of the deceased preferred writ petition being C.W.J.C No. 1427 of 1997(R) which was decided vide order dated 02.03.2007 directing the Chief Secretary and Director General of Police, Government of Jharkhand to ensure payment of Rs.4.00 Lakhs to the wife of the deceased.

3. It is further submitted that in compliance of the aforesaid order, the Home Department, Government of Jharkhand paid the amount of Rs.4 Lakhs to the wife of the deceased. However, vide letter no. 1434 dated 29.05.2007 issued by the Superintendent of Police, Special Branch, Ranchi, the appellant was directed to deposit the said amount in the head quarter of the Special Branch, Ranchi.

4. It is also submitted that being aggrieved with the order of recovery of the said amount, the appellant preferred a writ petition being W.P.(S) No. 3600 of 2007. Thereafter, he retired from service on 31.01.2008 and the amount of Rs.4.00 Lakhs was deducted from his retiral benefits.

5. Learned counsel for the appellant further submits that subsequently, the appellant was convicted in the criminal case for the offence under section 304-A of IPC and was sentenced for R.I. of two years vide judgment dated 23.02.2010 passed by the Judicial Magistrate-1 st Class, Ranchi. Being aggrieved with the said judgment, the appellant preferred Criminal Appeal No. 44 of 2010 in which vide judgment dated 09.08.2012 passed by the Additional Judicial Commissioner-XVI, Ranchi, conviction of the appellant was converted from Section 304-A IPC to Section 323/34 IPC and he was sentenced to undergo R.I. for one year.

6. It is also submitted that the writ petition being W.P.(S) No. 3600 of 2007 was subsequently allowed vide order dated 17.01.2017 and the order of recovery passed vide letter no. 1434 dated 29.05.2007 was quashed giving liberty to the State to initiate appropriate proceeding against the petitioner for recovery of the amount of compensation.

7. It is further argued that the petitioner being aggrieved with the judgments dated 23.02.2010 and 09.08.2012 passed by the trial court and the appellate court respectively, preferred revision before this Court being Criminal Revision No. 438 of 2013 which was allowed vide order dated 28.03.2022 and the appellant was acquitted of the charges levelled against him.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqHBlFpsWARMudc7x98WQATjZgTkyd53pg%2B0HpW2JLET1&caseno=LPA/347/2024&cCode=1&cino=JHHC010185372024&state_code=7&appFlag=)

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