Brahma Nand Shah v. The State Of Bihar Through Director General Of Police, Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.975 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- KATIHAR =========================================================== Brahma Nand Shah, S/o Late Ganesh Sah, Resident of Village- Yadubans Nagar, P.S.-Chas, District- Bokaro (Jharkhand). .... .... Petitioner
Versus
1. The State of Bihar through Director General of Police, Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Superintendent of Police, Katihar, Bihar.
4. The Officer-in-Charge, Korha Police Station, Katihar. .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Respondent/s : Mr. Obaidullah, AC to SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 15-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is informant of Korha P.S. Case No. 114/2015 dated 10.07.2015 registered under Sections 306, 201 and 120-B of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code has also been added in the FIR at the request of the investigating officer of the case.
3. The petitioner seeks a direction to be issued to the respondents to conduct fair investigation and delete the name of accused persons who are in custody and submit final form against
Patna High Court Cr. WJC No.975 of 2015 dt.15-10-2015 2 / 2 them.
4. The petitioner is aggrieved by the manner in which investigation of the case is being carried out.
5. Learned counsel for the petitioner submits that the FIR named accused Manoj Rishi has not been apprehended till date, and, in course of investigation, the investigating agency has apprehended the in-laws of the deceased daughter of the informant.
6. In my view, the application is thoroughly misconceived. To hold investigation into a cognizable offence is the statutory right of police. At this stage, neither the accused nor the informant can direct the investigating agency to conduct investigation into a cognizable offence in a particular manner. There is nothing on record on the basis of which it can be presumed that the investigation is misdirected or is not being done in a fair and impartial manner.
7. The application, being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J.) Sanjeet/- U T