JANARDAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS application has been filed for quashing the letter contained in Memo No. 2198/C dated 26th July, 2000 (An -nexure -1) issued by the Deputy Inspector General of Police (Crime Branch), C.I.D., Bihar, Patna (respondent no.4) for handing over the investigation of Udakishanganj P. S. Case Nos. 66 of 2000, 67 of 2000 and 68 of 2000 again to the district police.

(3.) SEPARATE counter affidavits on behalf of Deputy Inspector General of Police (Crime Branch) C.I.D., Bihar, Patna (respondent no.4) and Superintendent of Police, Madhepura (respondent no.6) have been filed. In the counter affidavit filed on behalf of respondent no.6 it has been admitted that the investigation of the cases was taken over by Crime Branch (C.I.D.). It has further been averred in the counter affidavit that this issue was raised by the Industries Minister, Sri Ravindra Charan Yadav and the Chief Secretary issued a letter to D.G.P -cum -I.G. for knowing the actual facts and thereafter the investigation has been again handed over to district police. The case of respondent no.4 is that he supervised the cases and, examined all the material witnesses who supported the involvement of petitioner in the offences and allegation made by wife of petitioner against the local police is baseless and politically motivated and was levelled only in order to save her husband. On the other hand, in the counter affidavit filed on behalf of respondent no.4 it has been stated that on the allegations levelled by the wife of the petitioner against the local police, I.G. (C.I.D.) directed the matter to be probed by C.I.D. and Mani Kant Paswan, Inspector of C.I.D. enquired the matter and submitted inquiry report suggesting that for the purpose of fair investigation cases should be investigated by C.I.D. and this report was examined and it was found that allegations levelled by the wife of the petitioner against the local police were true and thereafter the investigation of the cases under consideration was taken up by Crime Branch (C.I.D.) and after taking over investigation by the C.I.D., 1.0. submitted his progress report and while scrutiny of the progress report was going on investigation of the cases has again been handed over to local police.