SHASHI BHUSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel appearing for the opposite parties.

(2.) IN this case notice was issued on 20.2.2006 to the opposite party. Thereafter, the case has been running on the list. On 28.11.2006 Mr. S. Azeem was asked to take instructions in the matter to file a counter -affidavit, if necessary. However, despite his best efforts, no affidavit on behalf the District Magistrate was filed. Again on 18.12.2006 further time was granted for taking instructions in this case. But no instructions have been received by the State Government. Under these circumstances, the case is being disposed ' of by this Court without a counter -affidavit on behalf of the State.

(3.) THE petitioner has brought on record Annexure -2 which is the constitution of Committee by the District Magistrate who is also the informant in this case. The committee constituted by the District Magistrate is for the purpose of finding out whether the allegation in the F.I.R. are correct or not. The members of the Committee are Director, Rural Development Agency, East Champaran, Executive Engineer National Rural Development Engineering Organisation and the third member of the Executive Engineer, Rural Engineering Organisation.