BINDHYA BASINI MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard the learned counsel for the petitioner. learned counsel for the State, namely, G.P. VIII, Mr. Rakesh Kumar for respondents 3, 4 and 5, and Mr. Amar Nath Singh, learned Additional Standing Counsel, for respondent no. 6.

(2.) BY this application, the petitioner has prayed for issuance of a writ of mandamus commanding upon the respondents 3 to 5 to institute and investigate the case arising out of Barwadih P.S. Case No. 56 of 1997 relating to the murder of late B.N. Mishra, Superintending Engineer, North Koel Dam Construction Circle, District Palamau.

(3.) THE short facts giving rise to this application are as follows : Late B.N. Mishra, Superintending Engineer, North Koel Dam Construction Circle, Mandal, district Palamau, while on duty, was abducted on 16.8.1997 be armed extremists and was taken to his office where several papers of the office were put on fire and he was shot dead in his office. On the next day, i.e. or 17.8.1997, at about 11 A.M. the dead body was recovered at a distance of about 1 km from his official residence and accordingly, the police registered Barwadih P.S. Case No. 56. of 1997 for offence under sections 147, 148, 149, 452, 364, 497, and 302. of the Indian Penal Code and Section 27 Arms Act read with section 3/4 Explosive Substance Act. Immediately after the institution of the case, the State Government issued a notification under Section 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as "the Act") giving its consent for investigation of the case by the C.B.I. by a notification as contained in Annexure -8 dated 21.8.1997. The petitioner who is the widow of the deceased Superintending Engineer remained waiting for a notification under section 5 of the Act. However, since no notification was issued by the Union of India in exercise of its power under section 5 of the Act, the petitioner approached this Court by filing this writ application on 6.1.1998 almost after four months of the institution of the case by the State Police.