CENTRAL BUREAU OF INVESTIGATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal writ petition has been filed by the Petitioner, Central Bureau of Investigation under Articles 226 and 227 of the Constitution of India for issuance of writ of certiorari for quashing and setting aside the impugned order dtd. 26/9/2017 passed by learned Court of Sessions Judge, Kishanganj in A.B.P. No. 306 of 2017 (Tejveer Singh and Ors. Vs. State of Bihar) in connection with Kishanganj P.S. Case No. 257 of 2015, whereby learned Sessions Court has directed the Petitioner to do independent investigation and send preliminary investigation report to the Court on or before 30/10/2017.

(2.) The Kishanganj P.S. Case No. 257 of 2015 was registered on 6/7/2015 against unknown persons for the offence punishable under Ss. 341, 323, 504, 506 and 307 of the Indian Penal Code on the written report of one Amrendra Narayan. Later on, Sec. 302 of the Indian Penal Code was also added in the FIR.

(3.) As per the written report of the Informant, his son Shyam Narayan @ Siku, 21 years of age had gone to Kishanganj BSF Camp on 1/7/2015 for participating in physical test being conducted by SCC GD and in the running test, he had fainted and fallen down. On contact, the Informant/father advised his son to return taking a vehicle. Thereafter, there was no contact of the Informant with his son. Next day, on 2/7/2015, when the son came to Patna, contact was again established and his son informed him that he had stomach pain and on inquiry, he disclosed to him weepingly that police has beaten him badly. He assured his father/informant that he would get treatment and he got treatment at P.M.C.H. but next day on 3/7/2015, the condition started deteriorating and the friends of his son got him admitted to Chanakya Hospital, Kankarbagh, Patna and currently he was getting treatment in Ruban Hospital, Patna. In course of treatment, he died and Sec. 302 of IPC was added in the FIR.