Rajesh Ranjan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.33 of 2014 ====================================================== Rajesh Ranjan, S/o Ranbir Singh, Resident of Village-Beyapur, P.S- Maner, Distt- Patna.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Inspector General of Police, Patna.

3. The Deputy Inspector General of Police, Patna.

4. Senior Superintendent of Police, Patna.

5. Deputy Superintendent of Police, Danapur.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-01-2015 In the present writ petition filed under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner in para 1 is as under:- "1. That, this is an application for issuance of writ/writs of mandamus or any other appropriate writ/writs, for directing the Respondent authorities to conduct a proper inquiry/investigation of the whole matter at the level of D.I.G.

(Deputy Inspector/general) or any other Senior official or pass any other order/orders which your Lordships may deem fit on the facts and circumstances of the

Patna High Court Cr. WJC No.33 of 2014 (2) dt.09-01-2015 2 / 2 case. Maner P.S. Case No. 208 of 2006."

It appears from the record that in course of investigation of the aforesaid Maner P.S. Case No. 208 of 2006 registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code as well as 27 of the Arms Act the petitioner has been made accused on the basis of statements of certain witnesses. The contention of the petitioner is that the witnesses who have named the petitioner in course of investigation in their statements recorded under Section 161(3) of the Code of Criminal Procedure are all partisan and interested witnesses.

Be that as it may, an accused has no right to dictate the manner in which an investigation should be carried out. The application, being devoid of any merit, is hereby dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- U T