MAHESH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application had been filed by the three petitioners-Mahesh Ram, Ganesh Ram and Chandradeo ram. It may be mentioned that Mahesh Ram (petitioner No. 1) died during the pendency of this writ application and has been substituted by his mother (Bachhi Devi), his father already having predeceased, brother ganesh Ram being on record already. The three petitioners were made accused in matihani P. S. Case No. 59 of 2000, which was instituted on 9-10-2000 under Ss. 302, 201, 307 and 353/34, I. P. C. instituted against unknown. They were arrested, charge-sheeted but later, after eight months released and later discharged as no offence at all was committed.

(2.) THE FIR having been registered on self-statement by Shri Pramod Kumar Jha, who was the officer-in-charge of Matihari Police station, immediately endorsing the investigation to Rajendra Prasad Mahto, A. S. I. , mithani police station for investigation. All these people including the Superintendent of Police and Deputy Superintendent of Police, Begusarai have been made parties to the present writ application by name. The then Superintendent of Police is respondent no. 2 and the Investigating Officer is respondent No. 5.

(3.) COUNTER-AFFIDAVIT has been filed on behalf of respondent Nos. 1, 2, 3 and 4 i. e. Superintendent of Police, Deputy Superintendent of Police and A. S. I. who recorded the FIR. A separate counter-affidavit has been filed by Rajendra Prasad (respondent no. 5), who was the Investigating Officer.