RAJESH GANDHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India the relief has been sought for issuance of a writ of certiorari for quashing the notification dated 2-6- 1994 contained in Memo No. 3791 (Annexure-5) issued by the State of Bihar (Respondent No. 1) directing the Special Police Establishment under the Delhi Special Police Establishment Act 1946 (compendiously the Act) to investigate the case lodged at Dhansar P.S. Case No. 159 of 1993 in respect of offence under Sections 457, 436, 427 and 120-B of the Indian Penal Code and also to quash the Notification dated 26.10.1994 (Annexure-4) issued by the Union of India (Respondent No. 2) whereby the Special Police Establishment under the Act has been given jurisdiction to investigate into the said case and also to quash the F.I.R. registered as Crime No. R.C.I. (S)/95 (D), dated 3.1.1995 (Annexure-1).

(2.) In order to appreciate the controversy certain relevant facts may be noticed. The F.I.R. (Annexure-1) was lodged on 9-3-1993 at about 8 A.M. for an occurrence in conection with an offence under Sections 457, 436, 427, 120-B of the Indian Penal Code and Section 4 of the Prevention of Damages to Public Property Act, 1984. That F.I.R. was registered with Dhansar Police Station as Dhansar P.S. Case No. 159, dated 9-3-1993. Apart from the petitioner, two other persons were shown as accused. Investigation under the supervision of the Deputy Inspector-General (Coalfields) Bokaro and Superintendent of Police, Dhanbad, was taken up on 9-3-1993, the date of information itself, till November, 1994 after about one year and 8 months. The investigation was completed after recording the statements of relevant witnesses. The police took interest in investigating the matter thoroughly. The case was investigated by the Dy. S.P., Dhanbad, D.I.G. of Police (Coalfields), Bokaro and Superintendent of Police, Dhanbad. It appears that the result of the investigation by the local police under the supervision of the Dy. S.P., Dhanbad, Deputy Inspector-General of Police (Coalfield Range), Bokaro and the Superintendent of Police, Dhanbad, was that even though the occurrence had taken place, as indicated in the F.I.R., but the petitioner or the other accused.shown in the F.I.R. (Annexure 1), were not involved in the case and consequently a final report was filed by the local police in the court of the Chief Judicial Magistrate, Dhanbad on 31-12-1994 (Annexure-2).

(3.) A perusal of the case diary, however, would also indicate that there was no evidence available against the petitioner and during 1-1/2 years of period of investigation by local police there was no complaint from any quarter about any lacuna in the investigation conducted by the police officials like D.S.P. Dhanbad and D.I.G. of Coalfields. The Deputy Inspector-General of Police (Coalfields Range), Bokaro and the Superintendent of Police, Dhanbad directed the Investigating Officer of Dhansar P.S. Case No. 159/93 to submit a final report. In view of Section 173 of the Code of Criminal Procedure a detailed investigation report by the high police officials was submitted before the Chief Judicial Magistrate, indicating therein that no offence was committed by the petitioner. Thereafter an application was filed by the petitioner before the Chief Judicial Magistrate that the final report submitted before the Chief Judicial Magistrate, may be accepted. In view of Section 173 (8) of the Code of Criminal Procedure; it was, however, open to the Chief Judicial Magistrate not to accept the said final report and to direct the police to make further investigation.