SHIVJI SINGH @ SHIVJI THAKUR Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This writ petition has been filed by the petitioners for issuance of a writ in the nature of certiorari for quashing the First Information Report (for short 'FIR') of Marhaura P.S. Case No.136 of 2017 dated 09.04.2017 registered under Sections 302, 307 and 120B of the Indian Penal Code as also section 27 of the Arms Act and for commanding the respondents to register a case on the basis of fardbeyan of the injured recorded by Pirbahore Police Station, Patna on 10.04.2017 at Patna Medical College and Hospital, Patna which has been forwarded to Marhaura Police Station for needful and for a further direction for investigation of the aforesaid case by an independent agency like Criminal Investigation Department of the State or the Central Bureau of Investigation.

(3.) Mr. S.B.K. Mangalam, learned counsel for the petitioners has submitted that for an occurrence, which took place on 09.04.2017, the statement of the injured Shamsher Ali was recorded by the Pirbahore Police at 9:30 a.m. of 10.04.2017, which was sent to the Marhaura Police. However, Marhaura Police deliberately suppressed the said information and registered a concocted FIR on the written report of Respondent No.7 Arun Singh. He submitted that the action of Marhaura police is neither fair nor proper. Hence, no fair investigation is expected from it, as there was no occasion for the Marhaura police to register FIR on the report of Respondent No.7 in respect of occurrence in which the injured himself was alive and was in a position to make oral statement.