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Patna High CourtCR. MISC./21665/2024dismissed

Rahamatullah v. The State Of Bihar

2024-07-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21665 of 2024 Arising Out of PS. Case No.-686 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Rahamatullah Son of Md. Tanweer Ahmad R/o Village- Bokra, Ward No.-08, P.S.- Simrahat, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate Ms.Diksha Kumari, Advocate For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-07-2024 Heard Mr. N. K. Agrawal, learned senior counsel for the petitioner and learned APP for the State.

2. While challenging the order taking cognizance Mr. N. K. Agrawal, learned senior counsel for the petitioner has submitted that the petitioner was the informant and subsequently, the police extracted a self- inculpatory confessional statement from him and has charge-sheeted him and the police has not taken any action against the accused who were named by the petitioner in the FIR for the murder of his deceased sister.

Patna High Court CR. MISC. No.21665 of 2024(2) dt.16-07-2024 2/2

3. Once the petitioner has himself become an accused in the case, the investigation cannot be controlled by him. He may prove his innocence in trial.

4. This application is dismissed.

(Sandeep Kumar, J) P. Kumar U T