RAJESH KUMAR SUDHANSHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the informant of Jagdishpur (Goradih) P. S. Case No. 113 of 2019 dated 10.04.2019 registered under Sections 341, 323, 307, 379, 354(B), 504/34 of the Indian Penal Code. He has filed the present application for issuance of a direction to the respondent nos. 2 to 4 to investigate the case properly and submit charge sheet in terms of Section 173 of Code of Criminal Procedure (for short 'CrPC').

(2.) Learned counsel appearing for the petitioner submitted that though the statement of informant is fully corroborated by other witnesses, namely, Asha Devi, Gauri Devi, Bhagirath Paswan, Basudeo Paswan and Jitendra Paswan in their statements recorded under Section 161(3) of CrPC, the petitioner has learnt from reliable resources that the investigating officer of the case is likely to file final report against the accused persons instead of submitting charge sheet.

(3.) Per contra, learned counsel appearing for the State submitted that the apprehension of the petitioner is without any foundation. The investigation into a cognizable offence is always confidential in nature. The hypothetical presumption of the informant of an FIR cannot be made basis for issuance of any direction to the investigating officer of the case.