DINESH VADIWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners, Dinesh Vadiwala @ Dinesh Badiwala @ Vadivala Dinesh Sukha Bhai, Satyabrata Sen Gupta, Ermakatuprambil Lazar Sebastean, Rahuldeo have preferred instant writ with the following prayer:-

(2.) State had not filed counter affidavit though other respondents even after putting their appearance also failed to file counter affidavit. By way of supplementary affidavit a new facts has been brought up over having the case compromised amongst the parties. During hearing non-appeared on behalf of respondent no.4.

(3.) It has been submitted on behalf of petitioners that although the police has got right to further investigate a case wherein final report or charge sheet has been submitted but that can be only after having a new material as well as after seeking formal permission by the court concerned. It has been further submitted that for that purpose, the I.O. has to form its independent finding without being influenced from any corner. It has further been submitted that during such activity, the supervision note of Dy.S.P. which happens to be Annexure-5 was not at all legally recognizable and further, on the basis thereof, the I.O. could not have filed petition (Annexure-6) intimating the court over further investigation. In likewise manner it has been submitted that the I.O. was not at all competent to ask for the details vide Annexure-7 and so submitted that it is fit case wherein Annexure-5, Annexure-6, Annexure-7 is liable to be quashed.