MD. YUNUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) There being a difference of opinion amongst the two Honourable Judges of this Court, comprising the Division Bench, of the then Honourable the Chief Justice, Honourable Mr. Justice I.A. Ansari and Honourable Mr. Justice Chakradhari Sharan Singh, these cases have been referred to this Court.

(2.) The primal question involved in these group of writ petitions is, whether the exercise carried on by the State Government in establishing "Economic Offence Police Station" is an exercise in futility or not, because based thereon what would be the effect on the F.I.R. so registered, police investigation, charge-sheet, trial and conviction?

(3.) The then Honourable the Chief Justice held that steps taken by the State Government, being not in accordance with the Bihar Police Act, 2007, the registration of the F.I.R., investigation would all be nullity and no prosecution could be based thereon. Whereas, Honourable Mr. Justice Chakradhari Sharan Singh held that the declaration of police station was a matter completely covered by the Criminal Procedure Code, 1973 and as such there was no illegality enuring to the benefit of the writ petitioners, who are sought to be prosecuted, consequent to F.I.R. lodged with the said police station and investigated through it.