RAJ KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the C.B.I.

(2.) Petitioner, one of the accused, facing trial in S.T. No. 901 of 2003, arising out of C.B.I. Case No. RC-1(S)/99 Pat., has preferred revision against order dated 31.01.2017 passed by the learned Additional District Judge-IV, Patna whereby the defence evidence is closed.

(3.) A brief fact giving rise to the present case is that a fake police encounter was done by the police personnel including the petitioner, however, two FIR(s) were lodged in this connection one by the police officer causing death during encounter and another by mothers of the persons allegedly done to death in fake encounter. In the case at hand, Madhuri Devi, the informant of Danapur P.S. Case No. 151 of 1996 instituted First Information Report under Section 364/34 of I.P.C. levelling allegation that her son Ashok Kumar @Aasu and his three friends Dinesh Kumar, Rajesh Kumar @ Chunnu and Yogendra Singh, returned to the house after watching film in evening show after 9:00 P.M., thereafter suddenly at 10:00 P.M. in the night, Patna police came to her house on a Gipsy vehicle in search of her son and forcibly took away Aashu and she reported the matter to higher police officials on 12.09.1995 but no action was taken. She also stated that her son Ashok Kumar @ Aashu was never an accused in any case and was a student. She was compelled to file a criminal writ before the Patna High Court bearing Cr. W.J.C. No. 170 of 1996 and on the direction given by the Court, police registered F.I.R. being Danapur P.S. Case No. 151 of 1996. Pursuant to the Court's order in another Cr. W.J.C. No. 172 of 1996, another FIR i.e., Danapur P.S. Case No. 152 of 1996, on the information given by Reshmi Devi on 24.05.1996 was registered alleging therein that her son Dinesh Kumar was returning back home in the night on 03.09.1995, after watching movie of evening show but the police near Amrapali Cinema Hall picked him up, since then he is traceless. In another Cr.W.J.C. No. 856 of 2016, this Court directed the CBI, Patna to investigate Danapur P.S.Case No. 151 of 1996 and Danapur P.S.Case No. 152 of 1996. Pursuant to the direction, CBI registered CBI RC-1(S)/1999-Pat. under Sections 201 and 302, 364/34 of I.P.C. and another CBI Case No. RC2(S)/1999-Pat. under Section 364/34 of I.P.C. respectively against unknown. The CBI completed investigation in four years and submitted charge sheet under Section 364/34 of I.PC. against the petitioner and other four co-accused persons.