HARENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant writ petition, the petitioner has made the following prayers:-

(2.) Learned counsel for the petitioner submitted that the son of the petitioner was assaulted, tied with tractor and later burned to death by the people who were sitting in the Fortuner bearing Registration No. BR 06 PE/1388. In spite of the allegation of gruesome murder, the police registered the case under Section 279 and 304 of the Indian Penal Code only. He contended that the action on the part of police in not registering case under Section 302 of the Indian Penal Code is highly unjustified. He contended that the police appeared to be conniving with the accused persons right from the beginning and are trying to submit a collusive report. He contended that in this regard, he has submitted representation before the Director General of Police, Bihar, Patna, I.G., Tirhut Division, Muzaffarpur, DIG, Saran Division, Chapra, the Chief Judicial Magistrate, Gopalganj, Sub Divisional Officer, Gopalganj and other authorities, but even then, the police have not added Section 302 of the Indian Penal Code in the FIR.

(3.) Learned counsel for the State submitted that prima facie the allegation seems to be of culpable homicide amounting to murder. However, since the case is under investigation, what prompted the police in instituting the FIR under Sections 279 and 304 of the Indian Penal Code can be ascertained only after the proper instruction. He has prayed for four weeks' time in order to enable him to seek instructions and file counter affidavit in the matter.