VIJAY DEO JHA
Ranchi, July 7: DSP Pramod Mishra has filed a petition in the Jharkhand High Court for the quashing of criminal proceedings against him in the wake of the FIR lodged by Padmavati Orain who is mother of deceased ASI of Jharkhand police Rupa Tirkey. The FIR had been lodged by the lower court’s order.
The quashing petition CRMP 1988/2022 is listed for hearing on July 11 before the court of Justice Sanjay Dwivedi who had ordered the CBI probe into the suspected murder of Rupa Tirkey. Pankaj Mishra, the MLA representative of Chief Minister Hemant Soren, is the second accused in this case.
Sometimes after the death of Rupa Tirkey, some of her private conversations with her friend Shiv Kumar Kanaujia became viral. The family alleged that the DSP leaked the audio clips to tarnish her image. The worst happened when another audio of a telephonic conversation of the DSP with a private person became viral. In the audio the DSP is heard casting aspersions on the character of Rupa Tirkey and making sexiest remarks. Padmavati Orain lodged an FIR at the ST SC police station in Ranchi against Pramod Mishra who was posted as DSP of Barharwa in Sahibganj district. She also named Pankaj Mishra.
Now the ST SC police station has sent a notice asking Padmavati Orain to appear before the High Court on the day of the hearing to make her submission. Padmavati’s daughter Nirmala said that on July 5 she was called at the SC ST police station and the notice was served to them.
If an accused booked under provisions of the SC ST Prevention of Atrocities Act approaches the court for any relief like bail, quashing of criminal proceedings, under the law it is a must for the court to hear aggrieved parties before giving any relief.
“But it is for the court to issue a notice to the respondent and the police have nothing to do unless and until directed by the court. The court can reject the petition of the petitioner without hearing the aggrieved party. In this case, I believe the state government is the party. Maybe the police unintentionally sent a notice to the complainant to appear before the court,” said former advocate general RM Majumdar.
26 years old Rupa Tirkey was posted at the Mahila police station in Sahibganj district. She was found hanging at her official quarter on the morning of May 3 last year. The police initially concluded it was a case of suicide. Later on, police arrested her colleague Shiv Kumar Kanaujia for abetment of suicide. But Devanand Oraon, a CISF employee blamed his daughter was murdered by some influential persons and moved a petition for the CBI probe at Jharkhand High Court. The single bench of Justice Sanjay Kumar Dwivedi ordered the CBI probe while hearing the writ petition 139/2021.
