MINA DEVI W/O ARJUN RAY Vs. UNION OF INDIA; DIRECTOR, C B I NEW DELHI; JOINT DIRECTOR, C B I ; STATE OF BIHAR; DISTRICT MAGISTRATE, SARAN, CHAPRA ; SUPERINTENDENT OF POLICE, SARAN, CHAPRA ; POLICE INSPECTOR/THANADHYAKSH, POLICE STATION, MASHRAKH, SARAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as AC to SC-14.

(2.) Petitioner who is an accused of Mashrak P.S. Case no.154 of 2013 and against whom charge sheet had already been submitted while keeping the investigation pending against others. As submitted by the learned counsel for the petitioner, has prayed for getting the investigation conducted by C.B.I. after scrapping the earlier investigation and its resultant.

(3.) In aid to his plea, learned counsel for the petitioner has submitted that Article-21 of the Constitution of India whereunder, life and personal liberty of a person is to be protected and honoured subject to curtailment in accordance with law. Furthermore, it has been submitted that for protection of his right, the accused can pray for imperial investigation by the independent authority because of the fact that local police has been found complicity influenced by the ruling party, who just to implicate the petitioner out of revengeful action as well as vengeance got collusive investigation followed with submission of charge sheet. To justify his plea, it has also been submitted that there happens to be political rivalry in between the ruling party with the family of the petitioner and on account thereof, she has purposely been victimized. It has also been submitted that it is an admitted fact that petitioner was deployed as a Teacher at the relevant school, but was not engaged to cook the food and disperse amongst the students. For that, the other machinery were deployed who could have been held responsible solely without pulling the petitioner under the aforesaid criminal prosecution, which was launched on account of death of so many minor children who, being a student, consumed the food offered under Mid-day Meal programme. So submitted that it is a fit case wherein further investigation/ reinvestigation should be ordered through the C.B.I.