RAMAWATAR PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for directing the respondents to investigate Surajgarha ( Manikpur) P.S. Case No. 158 of 2017 registered inter alia under Ss. 307 and 395 of the Indian Penal Code as well as Sec. 27 of the Arms Act for proper and fair investigation.

(2.) Learned counsel for the petitioner submitted that the investigation of the case has not been conducted by the police in a fair and impartial manner. The Superintendent of Police, Lakhisarai has not paid any heed to the direction given to him by his official supervisor in respect of proper investigation of the case as a result of which the police submitted an erroneous report under Sec. 173(2) of the Code of Criminal Procedure.

(3.) On the other hand, learned counsel appearing for the State submitted that the FIR of Surajgarha ( Manikpur) P.S. Case No. 158 of 2017 was registered on 26/7/2017. The Investigating Officer completed the investigation of the case and submitted report under Sec. 173(2) of the Code of Criminal Procedure vide final report no. 39 of 2017 dtd. 31/8/2017 holding the case to be of civil nature. The investigating officer has also sent a report in respect of the final report submitted by the police to the informant of the case. He contended that the Superintendent of Police had himself supervised the case and there was no illegality or infirmity in the investigation of the case.