SIDHU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsels for the respective parties.

(2.) The instant writ petition has been filed by the petitioner for issuance of a writ in the nature of mandamus or any other appropriate relief/direction to respondents authority to conduct further investigation of Neemchak Bathani P.S. Case No. 20 of 2002 dtd. 26/7/2002 registered under Ss. 395 and 397 of the Indian Penal Code in which, after investigation, the police submitted final report No. 13 of 2005 dtd. 15/5/2005.

(3.) Learned counsel for the petitioner submits that father of the petitioner was murdered and Neemchak Bathani P.S. Case No. 20 of 2002 was registered on 26/7/2002. Subsequently, Sec. 396 IPC was also added apart from Ss. 395 and 397 of IPC. The father of the petitioner was a truck driver who was killed during a dacoity and the FIR was instituted at the instance of another truck driver who was also robbed. The police investigated the matter but finding no clue, submitted a final report on 15/5/2005 which was accepted by the learned Chief Judicial Magistrate, Gaya. The petitioner was minor at the time when his father was murdered and on attaining the age of majority, he made efforts to trace out the real culprit and gave a number of representations before the authorities but to no avail. Thereafter, he filed the present writ petition in the year 2022 seeking further investigation in the matter. Learned counsel further submits that the petitioner tried to obtain the record of Neemcak Bathani P.S. Case No. 20 of 2002 from the record room of Civil Court, Gaya but the said record was not made available to him. Learned counsel further submits that the intervention of this Court is needed in the matter to bring out the truth and to trace out the real culprit. Therefore, the order may be passed for further investigation in fair and proper manner.