YAMRAJ KUNWAR, S/O GOVIND KUNWAR, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) Cr.W.J.C. No. 657 of 2016 has been filed under Articles 226 and 227 of the Constitution of India for issuance of a mandamus commanding the respondents to conduct fair and unbiased investigation of Simri P.S. Case No. 64 of 2012 lodged on 04.05.2012, for offences under Sections 406/420 of the Indian Penal Code, against respondent No. 10 Abha Devi. Further prayer is to direct the respondents to arrest the accused-respondent No. 10. The respondents are doing their official duty casually inasmuch as after issuance of warrant of arrest against respondent No. 10 in the aforesaid case the processes under Sections 82 and 83 Crimial P.C. have also been issued. Moreover, the respondent No. 10 appeared before the police for giving her specimen signature to be sent for forensic examination but she was not arrested.

(2.) The petitioner is informant of the aforesaid case.

(3.) Submission of the petitioner is that the respondents are not fairly investigating the case inasmuch as the accused Abha Devi is not being deliberately arrested in spite of rejection of her prayer for anticipatory bail by this Court in Cr. Misc. No. 50359 of 2013 on 21.02014 and issuance of process under Sec. 82 Crimial P.C. on 02.02014 and process under Sec. 83 on 002014. The conduct of the investigating agency shows that it is in collusion with the accused and not fair in discharge of their official duty. The inaction of the police violates fundamental right of the petitioner guaranteed under Art. 21 of the Constitution of India.