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A writ petition seeking re-investigation in a case related to an assault on social activist late swami agnivesh, in pakur district of Jharkhand in 2018, was dismissed by the Jharkhand high court. A single Judge bench comprising Justice Anand Sen dismissed the petition noting that: the petitioner has approached the court after a very long delay. Also, this matter is now pending before the trial court at the evidence stage.
The background behind the case is that Agnivesh was attacked by a mob, for making anti-Hindu comments in July 2018, it was alleged by the petitioners that the attack was carried out by BJP Yuva Morcha(BJYM) workers. Following which an FIR was filed against 8 members of the BJYM including their district president. For this purpose, a special investigation team was constituted to look into the incident
The de facto petitioner, Jai Malto, and Swami Agnivesh filed the present written petition claiming that the investigation, in this case, was not carried out properly. It was alleged that the inquiry was not carried out under the SC/ST Act by proper authority. It was argued that, preferably, an officer not below the rank of deputy superintendent of police should have investigated the crime. The petitioners requested to move the investigation of the case to an independent central body and to issue instructions for re-investigation.
However, the Court observed that the matter was investigated by the police and consequently filed a charge sheet and now the case is at the evidence level before the CJM, Pakur. The court finally observed that: If the investigation has not been adequately conducted and the informant is aggrieved by the investigation, the informant should have objected to the same, at the time of the filing of the charge sheet. Through filing this criminal writ petition, the petitioner has hurried to this Court. Provided that the relief is applicable to the petitioner as the case for leading facts is pending, the court is not inclined to entertain this petition. The petition was finally dismissed by the court.
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