UMRAVATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner praying for issuance of a direction for further investigation of Janta Bazar P. S. Case No. 38 of 2013 registered under Section 302 read with 34 of the Indian Penal Code.

(3.) Learned counsel appearing for the petitioner submitted that the investigating officer of Janta Bazar P. S. Case No. 38 of 2013 did not investigate the case with full sensitivity and commitment. He conducted the investigation in an arbitrary manner and submitted a collusive report under Section 173 of the Code of Criminal Procedure (for short 'CrPC') before the Court. During pendency of the investigation, the petitioner suspected that the investigation was not being made in a fair and impartial manner as such, he filed a complaint in the nature of protest in the aforesaid police case. Ultimately, his apprehension proved right and the police submitted final report holding the case to be 'mistake of fact'.