DR. RAJINDER SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) To avoid repetition as regards the background of the case, the order passed on 17.12.2019 is reproduced herein below :-

(2.) Mr. Rai, learned Senior Counsel assisting this court as Amicus Curiae, has pointed out at the outset that the direction for transfer of investigation from Buxar (Bihar) to Ludhiana (Punjab), vide the order of this court dated March 15, 2013 passed in CRM-M-36703 of 2009 (Annexur P-1), was issued at a stage when the report under Section 173 of the Cr.P.C. had already been submitted by the Buxar Police to the competent court, as would be obvious from the order of the learned JMIC, Buxar, dated 27.02.2015 (copy Annexure P-2), wherein the protest petition filed by the complainant in the FIR, had already been filed on 10.08.2011, obviously challenging the cancellation report submitted by the Buxar Police.

(3.) That being so, learned counsel for the petitioner would address arguments after examining the pleadings in CRM-M-36703 of 2009, and the order passed by this court in that case, as to whether that fact had been brought to the notice of this court, and if not, the consequences that would flow therefrom.