KEDAR KUMAR @ KEDAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the instant writ petition under Article 226 of the Constitution of India for directing the respondents to hand over investigation of Kajra P.S. Case No. 61 of 2018 to the Central Bureau of Investigation or any other independent agency.

(2.) Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in Kajra P.S. Case No. 61 of 2018 registered inter alia under Sec. 307 of the Indian Penal Code, 27 of the Arms Act and Ss. 16, 17, 18, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967. He submits that he has already filed representation before the Superior Police Officers against the high handedness of the local police, but no action has been taken so far.

(3.) Learned counsel for the State submits that the petitioner is one of the named accused in the first information report. In the alleged incident, an unlawful assembly of more than 50 naxalites being variously armed with deadly weapons had attacked upon the police party. The police also exchanged fire. Huge quantity of incriminating articles such as, live cartridges, electrical detonators, electric wire, explosive power gel etc. were recovered by the police. The petitioner is one of the named accused in the first information report.