The Jharkhand High Court has upbraided the police for the way by which it was investigating the demise of Dhanbad Judge Uttam Anand by unnecessarily “feeding question” to the physician about risk of head accidents by fall on a street floor when the autopsy report clearly said that the demise was on account of head accidents.
The division bench comprising Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad additionally got here down closely on the police for delay in registration of FIR within the incident.
The court docket expressed its dismay over Special Investigating Team (SIT) methods of probing the matter whereas listening to a PIL on the difficulty the day gone by.
The court docket mentioned it posed inquiries to the investigating officer concerning the probe within the presence of the Director General of Police and head of the Special Investigating Team (SIT).
“We have perused the questionnaire framed by the Investigating Officer namely Mr Vinay Kumar dated 31.07.2021 addressed to Dr. Kumar Shubhendu, Assistant Professor, Department of F.M.T, SNMMC, Dhanbad asking questions from the concerned doctor. The first question is “Please clarify whether or not the accidents within the head are doable by fall on street floor or not?” the order by the division bench talked about.
“…how and beneath what circumstances such query is being requested by the investigating officer from the involved physician that too when the CCTV footage clarifies the complete scene of prevalence,” the order reads.
It noticed: “The autopsy report clearly discloses that deadly damage has been attributable to a tough and blunt substance. Therefore, it’s for the investigating company to search out out the weapon of crime. Feeding a selected query to the physician to get a selected reply is by no means appreciated. However, neither the investigating officer nor the pinnacle of the particular investigating group might give a correct reply.”
CCTV footage confirmed that the 49-year-old decide was jogging on one aspect of a reasonably vast street at Randhir Verma Chowk early within the morning on July 28 when a heavy auto-rickshaw veered in the direction of him, hit him from behind and fled.
The court docket additionally expressed severe concern over delay in registration of the FIR, saying it’s wonderful that an FIR may very well be registered solely after the grievance of the Judge’s spouse although the CCTV footage of the incident had gone viral.
“It is intriguing when the CCTV footage of the incidence grew to become viral inside 2 to four hours from the time of prevalence and the injured judicial officer was taken to a personal hospital at about 5.30 am, then why the FIR was instituted so belatedly at 12.45 pm after a grievance was lodged by the spouse of the judicial officer? The CCTV have to be often being monitored by police.
“The doctors of the hospital must also have informed the police then why the police became active only after the complaint was lodged by the wife of the judicial officer became questionable,” it noticed.
The court docket requested for the progress report within the case in a sealed cowl by the investigating company on or earlier than the following date of listening to – August 12.
“Let a responsible officer of the Central Bureau of Investigation (CBI) appear in person,” it mentioned.
The High Court had on Tuesday additionally directed the CBI to provoke a probe into the demise case of Dhanbad district decide Uttam Anand on the earliest. The bench headed by Chief Justice Ravi Ranjan gave this route after the reply of the CBI counsel throughout the listening to of the case.
The CBI on Wednesday took over the investigation into the demise of the Dhanbad decide. They mentioned the company has obtained the Jharkhand authorities’s request, routed by means of the Centre, to analyze the matter.
Sources mentioned that based on the laid down process, the company has taken over the Dhanbad police FIR within the matter.
Jharkhand Chief Minister Hemant Soren had on final Saturday determined at hand over the probe into the hit-and-run case of the Dhanbad decide to the CBI.