NALINI KANT AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS order shall dispose of Cr. W.J.C. No. 421 of 2001 (Nalini Kant Agrawal V/s. The State of Bihar & Ors.) and Cr.W.J.C. No. 318 of 2002 (Ajay Agrawal and Anr. V/s. The State of Bihar and Anr.).

(2.) THE facts which have required the parties to rush to this Court in nutshell are that Nalini Kant Agrawal, father of the deceased Dharmendra Agrawal lodged a report at Police Station Bhabhua that his son had been murdered by some unknown persons. The first information report was countersigned by one Nasimuddin Ansari. On strength of the report dated 24.9.2000 an offence was registered against unknown persons. Later on the police found involvement of number of persons and at a later stage the police being convinced that the alleged murder was a result of conspiracy also added Section 120B I.P.C. for the purposes of investigation. Subsequent to addition of the offence names of Ajay Kumar Agrawal and Amar Kumar Agrawal @ Nippu Agrawal both sons of Late Kamla Kant Agrawal were added in the list of the accused persons.

(3.) IN the order dated 26.2.2001 the learned Chief Judicial Magistrate observed that application for grant of anticipatory bail moved by the said accused persons had already been rejected. The Court further observed that the order of attachment of property had already been passed and it would be the duty of the investigating officer to obtain the warrant of attachment and proceed further. The Court also observed that any further direction to the investigating officer to execute the warrant of attachment would be interference in the investigation.