Madan Mohan Sinha v. The State Of Bihar Through The Director General Of Police, Bihar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1097 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Madan Mohan Sinha son of Late Subol Chandra Sinha working for gain at Noor Bidi Office, Churipatti, Police Station and District- Kishanganj, Bihar .... .... Petitioner/s

Versus

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

2. The Director General of Police, Bihar, Patna

3. The Deputy Inspector General of Police, ..........

4. The Superintendent of Police, Kishanganj

5. The S.H.O., Kishanganj Police Station, Kishanganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal Sr. Advocate : Mr. Kamlesh Kumar Singh, Advocate For the Respondent/s : Mr. Mithlesh Prasad Singh, A.C. to S.C.-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 20-01-2015 By filing the present application under Articles 226 and 227 of the Constitution of India, the petitioner seeks a mandamus to be issued against the respondents to hand over the investigation of Kishanganj P.S. Case No.81 of 2004 to any independent authority including C.B.I. for fair investigation.

Initially, on the basis of fardbeyan of the petitioner recorded on 19th May, 2004 Kishanganj P.S. Case No.80 of 2004 was registered under sections 342, 323 and 384 read with 34 of the Indian Penal Code against some officials of the Excise Department. On conclusion of investigation, the police submitted final report in the said case and

Patna High Court Cr. WJC No.1097 of 2013 dt.20-01-2015 2/2 recommended for initiation of a proceeding under sections 182 and 211 of the Indian Penal Code against the petitioner. Kishanganj P.S. Case No.81 of 2004 was also registered on 19th May, 2004 on the basis of self statement of the Officer-in-charge of Kishanganj Police Station. In the said case, two officers of the Excise Department were made named accused. The said case is still under investigation.

The petitioner is neither informant of Kishanganj P.S. Case No.81 of 2004 nor has been made accused in the said case. In that view of the matter, he has no locus standi in the said case. Hence, I am not inclined to entertain the present application. Accordingly, the writ petition is dismissed.

(Ashwani Kumar Singh, J) Md.S./- U T