SWAPNIL PRABHAT, SON OF LATE AJAY SINGH Vs. STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE, BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State-respondents and learned counsel for the private respondents.

(2.) The petitioner is one of the accused in Marhaura P.S. Case No.505 of 2016. The petitioner has invoked the writ jurisdiction of this Court for issuance of a direction restraining the respondent Marhaura Police from proceeding with the investigation of the aforesaid case on the ground that dead body of the victim of murder was recovered from the territorial jurisdiction of Baniyapur Police Station. Further prayer is for transfer of the investigation of the aforesaid case to Baniyapur P.S. from whose jurisdiction the dead body of the victim was recovered.

(3.) The State-respondents have filed counter affidavit stating therein that brother of the victim of murder is informant of this case and he was accompanying the victim at the time of abduction of the victim from village Nethua, Police Station Marhaura, District- Saran. The occurrence allegedly took place on 04.11.2016. However, the F.I.R. was lodged in the morning of 05.11.2016 as the informant had fled away from the place of occurrence, on threat from the accused persons of being killed, and due to fear he did not move in the night. Thereafter he informed to the family members about the occurrence of abduction but the family members simply replied that the accused would allow the victim to go back after assaulting him. In the morning, dead body was recovered from the jurisdiction of Baniyapur Police Station.