LAWS(PAT)-2006-1-46

JAIPRAKASH NARAYAN YADAV Vs. STATE OF BIHAR

Decided On January 19, 2006
Jaiprakash Narayan Yadav Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the State.

(2.) THIS criminal miscellaneous application has been filed for modification of order, dated 14.12.2005, passed in Cr. W.C. No. 782 of 2005, [See 2006 (1) East Cr C 236 (Pat)]. Supplementary affidavit has also been filed by the petitioner annexing several documents in order to show that the investigating officer has committed a contempt as the direction of this Court was not complied by the investigating officer properly, Directions issued in the criminal writ application were relevant till the investigation of the case was going on. Now the investigation is complete and the charge -sheet has been submitted. After submission of charge -sheet matter is pending before the concerned Court, which will consider the charge -sheet and pass the order in accordance with law. There was direction to the investigating officer as well as the petitioner in the criminal writ application. The investigating officer was directed to execute the warrant of arrest only in case the petitioner is not cooperating with the investigation and the petitioner was directed to cooperate with the investigation and not leave the territory of the concerned police station without the permission of the investigating officer. The investigating officer did permit the petitioner to join the sessions of the Parliament during the period of investigation for that he was competent and I do not feel that he had committed the Contempt of Court as this was for the investigating officer to decide considering the necessity of petitioners presence during investigation. Now that the charge -sheet has been submitted, the petitioner can move out of the territory of concerned police station.

(3.) ACCORDINGLY , this application is dismissed.