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Patna High CourtCR. WJC/72/2015dismissed

Rakesh Kumar v. The State Of Bihar Through Director General Of Police, Bihar, Patna And ORS

2015-08-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.72 of 2015 ======================================================

1. Rakesh Kumar S/o Sita Sharan Singh @ Sita Sharan Yadav Resident of Village - Gonwan, P.O. - Sadisopur, P.S. - Naubatpur, Distt. - Patna, presently residing at Indira Nagar, Ranchi Road, P.O. - Marar, P.S. - Ramgarh, Distt. - Ramgarh (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar through Director General of Police, Bihar, Patna

2. The Inspector General of Police, Patna, District - Patna.

3. The Deputy Inspector General of Police, Patna, Distt. - Patna.

4. The Senior Superintendent of Police, Patna, District - Patna.

5. The City S.P. Patna, District - Patna.

6. The S.D.P.O. - Danapur, District - Patna.

7. The Officer-in-Charge, P.S. - Bihta, District - Patna.

8. Manoj Kumar S/o Late Nabab Yadav resident of Village - Paharpur, Tarangpur Sikaria, P.S. - Bihta, District - Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Respondent/s : Mr. K.B. Singh (Sc22) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-08-2015 The petitioner, an accused in Bihta P.S.Case No.938 of 2014 registered under section 498-A of the Indian Penal Code as well as sections 3 and 4 of the Dowry Prohibition Act, seeks a direction from this Court to be issued to the respondent authorities to hand over the case either to the CBI or to the CID for a fair and impartial investigation. In my view, the application is thoroughly misconceived. An accused in a criminal case cannot choose the investigating agency for investigation of his case.

Patna High Court Cr. WJC No.72 of 2015 (2) dt.11-08-2015 2/2 In that view of the matter, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T