AHMAD NABI Vs. STATE OF UP

JUDGEMENT

(1.) This is a second bail application filed on behalf of Ahmad Nabi and Arif under section 439 of the Code of Criminal Procedure. The first bail application was rejected by this Court on 1.10.1985.

(2.) The prosecution story, in brief, is that on 6.7.1985 at about 9.30 A.M. Shamim Ahmad son of the informant was coming to his house and when he reached the triangular path way near Hakim Mubarak the applicants armed with knives and some other accused armed with lathis started inflicting injuries on the deceased and as a result thereof he died. This occurrence was witnessed by Saghir Ahmad, the father of the deceased and other witnesses namely, Sharif Ahmad etc. The first information report is Annexure and the postmortem examination report is Annexure T2T to the affidavit accompanying the second bail application. On behalf of the complainant and the State counter affidavits have also been filed.

(3.) Sri Viresh Misra, appearing for the applicant, urged that under section 157, Cr. P .C. the procedure for investigation has been provided. The statutory provisions of section 157. Cr. P.C. are fruitfully set out below in order to appreciate the arguments advanced by the learned counsel: p157 Procedure/or investigation. (1) If, from information received, or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send, a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and. circumstances of the case, and if necessary, to take measures for the discovery and arrest of the offenders: Provided that (a) When information as to the commission of any such offence is given against any person by name and the case is not of serious nature, the officer in-charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) if it appears to the officer in charge of the police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case; (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to subsection (1), the officer in charge of the police station shall state in his report his reasons or not fully complying with the requirements of that subsection, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.