ABDUL QUDUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) COUNTER affidavit has been filed on behalf of Superintendent of Police, Araria, which is not satisfactory. In the counter affidavit Superintendent of Police, Araria has stated that petitioner has instituted a case making false allegation about kidnapping of his son, though the boy has been kept in confinement by the petitioner himself.

(2.) WE find that the statement made in the counter affidavit is ridiculous, for the reason that it is duty of the police to investigate and find out the truth. In case the boy has been kept in confinement by the parents, and evidence in this regard has been collected by Investigating Officer, he has to recover the boy and produce before the Court and file final form, making recommendation for initiating a criminal proceeding against the informant for filing false case. Nothing has been done. The investigation is unconcluded, as such at this stage, the statement made in the counter affidavit is most unsatisfactory and unwarranted. Otherwise also the Investigation Officer is competent to file such an affidavit. No such affidavit has been filed by the Investigating Officer.

(3.) IN the meantime the respondent no.8 the Sub-Inspector of Police, Bhargama ( Raniganj), Araria must file counter affidavit showing the actual status of the investigation whether it is concluded or still going on.