RAJESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for both parties.

(2.) THIS writ petition has been filed seeking natural justice by the petitioner, who happens to be a Doctor regarding lodging of F.I.R. in Bagaha P.S. Case No. 0048/2000 instituted under sections 363/307/279/34 of the Indian Penal Code read with Section 27 of the Arms Act.

(3.) PERUSED the F.I.R. and the contents thereof. It cannot be said on the face of it that the present case is only a retaliation to the complaint case filed by the petitioner. Serious offences had been alleged against the petitioner including Section 307 I.P.C. and also the offence under Section 27 of the Arms Act. So investigation of the F.I.R. cannot be stopped by this Court by any stretch of imagination. However, alternate prayer is there to the effect that in the F.I.R. itself B.N. Sharma, Sub Inspector was shown to be a witness of the occurrence (sic) of that Sub Inspector B.N. Sharma has been entrusted with the investigation of the case. On the face of it it is violative of natural justice and for all fairness at least B.N. Sharma ought not be entrusted with the investigation of the case when he himself is a witness of the occurrence, as alleged in the F.I.R.