POONAM DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner who is wife of one of the named accused in Forbesganj P.S. Case No. 154 of 2018 registered inter alia under Sec. 302 of the Indian Penal Code for directing respondent no.1 to get the case investigated through any independent agency like C.B.I or C.I.D.

(2.) Learned counsel for the petitioner submits that the husband of the petitioner has been made accused by the informant of the aforesaid Forebesganj P.S. Case No. 154 of 2018 with ulterior motive. The investigation conducted by the police is misdirected and no effort has been made by the police to find out as to who the actual culprits are. In order to justify the allegations made in the FIR, the investigating officer recorded statement of some of the witnesses and submitted his report under Sec. 173(2) of the Code of Criminal Procedure. He contended that since the investigation is tainted and cognizance has been taken by the court on the basis of an investigation, which was merely an empty formality in the name of investigation, in case the trial proceeds, the same would cause great prejudice to the petitioner's husband, who is absolutely innnocent. In view of the aforesaid submissions, he contended that further investigation in this case is required by an independent investigating agency like C.B.I or C.I.D.

(3.) On the other hand, learned counsel for the State submitted that the prayer made by the petitioner is misconceived. The petitioner has got no locus to pursue the case in which she herself is neither the informant nor an accused. The husband of the petitioner is a named accused in the FIR and on completion of investigation, he has been sent up for trial finding sufficient material to proceed against him. He pleaded that save and except the ocular statement that the investigation conducted by the local police was not fair, there is no other material to show that the investigation of the case was misdirected or tainted.