Raj Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1212 of 2014 ======================================================
1. Raj Kumar Singh son of Sri Jodhi Singh, resident of village - Kanchanpur, P.O. -Rajasan, P.S.- Bidupur, District - Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Director General of Police, Bihar Patna
3. The Inspector General of Police, Bihar, Patna
4. The Police D.I.G., Tirhut Division, Muzaffarpur
5. The Superintendent of Police, Vaishali at Hajipur
6. The Sub-Divisional Police Officer, Hajipur, Vaishali
7. The Officer - in - Charge, Bidupur Police Station, District - Vaishali .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate For the Respondent/s : Mr. Rupesh Deo, AC to SC-33 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been made accused in Bidupur P.S. Case No.146 of 2014 dated 8th June, 2014 registered for the offences punishable under sections 341, 323, 379, 385 and 447 read with 34 of the Indian Penal Code.
By filing the present application, the petitioner has prayed for issuance of a mandamus to the investigating agency to submit final report in the case as the petitioner is innocent and has falsely been implicated by the informant of the case. In order to prove innocence of the accused, learned counsel for the petitioner
Patna High Court Cr. WJC No.1212 of 2014 (2) dt.15-01-2015 2/2 relies upon certain documents annexed with the present application.
In my view, the present application is thoroughly misconceived. The case is under investigation and in course of investigation, the court has no role to play The defence of the petitioner cannot be looked into by the Court at the stage of investigation. An accused has no right to decide the manner in which the investigation of the case has to be carried out. . The writ petition, being devoid of any merit, is hereby dismissed.
(Ashwani Kumar Singh, J) Md.S./- U T