Sanjay Kumar v. The State Of Bihar Through The Home Secretary, Bihar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.861 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Sanjay Kumar Son of Late Bihar Singh Resident of Village - Hare Chak, P.S. - Punpun, District- Patna, presently resident of Near Community Hall, Malahi Pakri, P.S. - Kankarbag, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Home Secretary, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Patna range, Patna.

4. The Deputy Inspector General of Police, Patna.

5. The Senior Superintendent of Police, Patna.

6. The Superintendent of Police, Patna.

7. The Deputy Superintendent of Police, Kankarbagh, Patna.

8. The Officer-Incharge, Kankarbagh Police Station, Patna.

9. The Inspector General of Police, C.I.D., Bihar, Patna.

10. The C.B.I., Government of India, Bihar, Division, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s : Mrs. Jahan Ara, AC to AAG-V =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 17-03-2015 One Indu Devi submitted a written report on 25.12.2013 before the Officer-in-charge, Kankarbagh Police Station in respect of murder of her father pursuant to which Kankarbagh P.S. Case No. 529 of 2013 was registered under Sections 302 read with 34 of

Patna High Court Cr. WJC No.861 of 2014 dt.17-03-2015 2 / 2 the Indian Penal Code and 27 of the Arms Act against the unknown accused persons.

The police investigated the case and submitted chargesheet vide charge sheet no. 92 of 2014 dated 30.03.2014 against the petitioner and some others.

Being aggrieved by the charge sheet submitted by the police in the aforesaid police case, the petitioner has filed this application under Articles 226 and 227 of the Constitution of India and has sought for a direction to be issued from this Court upon the respondents to hand over investigation of the aforesaid police case to the C.I.D. or any other independent agency. In my view, the application is thoroughly misconceived. The police have already investigated the case and submitted charge sheet in the matter. An accused of a case has no right to seek reinvestigation in a case by some other agency. Accordingly, the application is dismissed.

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