JHOTIL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, the Oposite Party No. 2 and the A.P.P. appearing on behalf of the State.

(2.) This application has been filed against the order dated 17.01.2007 passed by the Sub Divisional Judicial Magistrate, Bagaha, West Champaran in Bagaha Police Station Case No. 66 of 2002 (Trial No. 1896 of 2006).

(3.) The facts are that two cases were instituted. The first was instituted as Bagaha Police Station Case No. 65 of 2002 by the petitioner and the second case was instituted as Bagaha Police Station Case No. 66 of 2002. Both the cases arise out of the same occurrence. Investigation was made and charge sheet in Bagaha Police Station Case No. 66 of 2002 was submitted on 31.08.2002. All of a sudden, by Memo No. 1277/C.R. dated 20.07.2005, the D.I.G., Champaran Range, Bettiah addressed a letter to the D.I.G. (Human Rights), Bihar, Patna stating therein that the Superintendent of Police, Bagaha should be given orders to re-investigate Bagaha Police Station Case No. 66 of 2002. It has also been stated that as far as Bagaha Police Station Case No. 65 of 2002 is concerned, it would be treated to be false case and no action should be taken under Section 182 & 211 of the Indian Penal Code. On the basis of the aforesaid letter dated 20.07.2005, the Superintendent of Police, Betgahn addressed a, letter vide Memo No. 1776/C.R. on 26.08.2005 to the Officer-in-charge, Bagaha asking him to take permission of the Court to reinvestigate the case. Annexure-5 is the application filed on behalf of the Investigating Officer of the case in the Court of the Chief Judicial Magistrate, Bagaha which refers the memo Nos. 1277/C.R. dated 20.07.2005 and 1776.C.R. dated 26.08.2005 in which there is a prayer that the Court may order for re-investigation of the case. By the impugned order, dated 17.01.2007, the Court has ordered to re-investigate the case.