'Infructuous'- Jharkhand High Court Dismisses Petition Seeking Re-Investigation Of Assault On Swami Agnivesh

A Single Bench of Justice Anand Sen dismissed the petition on noting that the Petitioner had approached the Court with delay and now the matter is already pending before the Trial Court at Evidence stage.

It observed,

"If the investigation has not been done in proper manner and the informant is aggrieved by the said investigation, the informant should have protested the same at the time of filing of chargesheet. The petitioner has rushed to this Court by filing this criminal writ petition.

Considering the fact that there is remedy available to the petitioner as the case is pending for leading evidences, I am not inclined to entertain this petition."

Background

Agnivesh was attacked by a mob in July 2018, allegedly for making "anti-Hindu" comments. It was alleged that the attack was carried out by the BJP Yuva Morcha workers.

Subsequently, a FIR was lodged against eight BJYM activists, including its district president, and a special investigation team was formed to probe the incident, reported the Indian Express.

The FIR was registered under various sections pertaining to rioting, causing injury and attempt to murder. The Police had also invoked Section 3 (II) of SC/ST (Prevention of Atrocities) Act.

Ground for re-investigation

The instant writ petition was filed by the de facto complainant, Jai Malto, and Swami Agnivesh, alleging that investigation of this case was not done in a proper manner. It was alleged that the investigation was not carried out by a competent authority under the SC/ST Act.

It was argued that ideally, the case ought to have been investigated by an officer not below the rank of Deputy Superintendent of Police.

The Petitioners had sought that investigation of the case be transferred to an independent central agency and directions be issued for re-investigation.

Findings

The Court however noted that the Police has investigated the incident and thereafter filed chargesheet and now the case is at the stage of evidence before CJM, Pakur.

It dismissed the petition stating that the Petitioner has rushed to the Court whereas he ought to have protested against the manner of investigation at the time of filing of chargesheet.

Case Title: Jai Malto & Anr. v. State of Jharkhand & Ors.

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