Jharkhand High Court: While considering a writ petition under criminal jurisdiction, a Single Judge Bench of Sanjay Kumar Dwivedi, J., observed that the petitioner, a practicing advocate, was being harassed by police in connection with a minor road accident and emphasised the importance of safeguarding fundamental rights. Hence, the Jharkhand High Court stayed investigation and further proceedings and directed that no coercive steps be taken against the petitioner until the next date of hearing.
Background
The dispute arose when the petitioner was on his way to court and his car slightly touched a motorcycle. An altercation followed, and the petitioner was detained at Doranda Police Station from 10.00 a.m. to 5.00 p.m. His car was seized without preparation of a seizure memo.
It was argued that the police were harassing the petitioner without issuing notice under the Nagarik Suraksha Sanhita, 2023 (BNSS). It was also contended that two cases arising out of the same occurrence were being investigated by different officers, raising concerns of bias.
The petitioner highlighted that a “media trial” was being conducted by the investigating officer, while the motorcycle involved was not seized. The rider’s social media profile allegedly contained slogans linked to a banned organisation, leading to a plea for investigation by the National Investigating Agency (NIA).
It was further pointed out that gangs in Ranchi were intentionally hitting cars to extort money, and mobs had surrounded both the petitioner’s house and the police station. The petitioner feared imminent arrest in violation of Supreme Court and High Court guidelines on arrest. Protection was therefore sought along with transfer of investigation to the Central Bureau of Investigation (CBI) for impartiality.
Analysis and Decision
The Court emphasised that if two cases arise out of the same occurrence, both are required to be investigated by one investigating officer. The Court noted that directions in policy matters are for the legislature and the executive, not for the courts, but for the promotion of fundamental rights, directions can be issued in the absence of law. The Court further observed that directions and guidelines are permissible when issued in consonance with and within the framework of existing statutory provisions.
The Court highlighted precedents such as Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and D.K. Basu v. State of W.B., (1997) 1 SCC 416, observing that the guidelines issued are within the framework of the CrPC and the power of superintendence of the authorities in the hierarchical system of the investigating agency.
The Court further noted that at the initial stage of the FIR, no investigation can be stayed, referring to Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, (2021) 19 SCC 401, where guidelines have been issued as to how to pass an interim order in a criminal case.
The Court remarked that the federal structure of our Constitution of India cannot be allowed to be destroyed, and it is the duty of the High Court that once such a matter is brought to its knowledge, the High Court is required to rise to the occasion.
Accordingly, the Court directed that further proceedings, including the investigation, shall remain stayed, and no coercive steps shall be taken against the petitioner until the next date of listing. The Court also instructed the Senior Superintendent of Police, Ranchi, to take stock of the situation and ensure that no harm comes to the petitioner.
The Court granted liberty to the petitioner to obtain the certified copy of the FIR and to file it subsequently by way of a supplementary affidavit. In the meantime, counsel for the petitioner was directed to remove the surviving defects. The Court further directed the Office to proceed in accordance with procedure. Finally, the matter was ordered to be listed again on 24 March 2026.
[Manoj Tandon v. State of Jharkhand, W.P.(Cr.) Filing No. 4238 of 2026, decided on 19-2-2026]
Advocates who appeared in this case :
For the Petitioner: Ritu Kumar, Advocate, A.K. Kashyap, Sr. Advocate, Rajendra Krishna, Advocate, Abhay Kumar Mishra, Advocate, Siddharth Ranjan, Advocate, Akansha Priya, Advocate, Piyush Kumar Roy, Advocate, Amritansh Vats, Advocate, Karamjit Singh Chhabra
For the State: Deepankar, AC to GA -III, Kumar Vaibhav, CGC, Shivani Jaluka, AC to ASGI