SANJAY TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by the petitioner for directing the respondents to hand over investigation of Patahi P.S. Case No. 167 of 2018 to an independent investigating agency.

(2.) Learned counsel for the petitioner submitted that the minor daughter of the petitioner was found hanging in her own room. The petitioner suspected that it was a case of rape and murder. He lodged a first information report (for short 'FIR') against one Golu Singh, who used to tease her from before. As the petitioner used to earn livelihood in Delhi, he came back to his village after he came to know about the death of his daughter. Thereafter, he instituted the case, which was registered under Ss. 302, 376, 201/120-B/34 of the Indian Penal Code and Ss. 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012, but the investigation done so far does not instill confidence. The investigating agency is not conducting the investigation in a fair and impartial manner.

(3.) He contended that though more than six months have lapsed since the date of institution of the FIR, no one has been arrested by the police. The investigating agency is sitting tight over the matter. He submitted that since the offence alleged is quite serious and there is no progress in investigation of the case, the investigation needs to be handed over to the CBI.