PRABHATI LAL Vs. STATE

JUDGEMENT

(1.) THE present case depicts not only a sorry state-of-affairs in the investigation which has been carried in a casual and perfunctory manner, but also leaves serious doubts in its fairness and impartiality.

(2.) FOR an incident, which took place on November 9, 1991, two cross reports were made at police station Bandikui. From the side of the complainant, the report was lodged by one Kailash Chand Mali and Crime No. 352/91 was registered under sections-147, 149, 448, 307 and 323 I. P. C. On the report lodged from the side of the accused party, crime No. 353/91 was registered against the members of the complainant party for the offences under sections 147, 148, 149, 452 and 323 I. P. C.

(3.) THE learned counsel for the petitioner has vehemently argued that the name of the petitioner was substituted subsequently as an author of the fatal injury of the deceased with an oblique motive. According to the learned counsel, investigation in a criminal case especially in a serious case like murder, is of vital importance and the fate of the trial, as well as, of the accused person mainly depends on such investigation. THE learned counsel argued that a fair and impartial investigation is the backbone and the foundation of every criminal case on which the entire pyramid of the case stands, and if such investigation is found to be tainted, partial or otherwise motivated, then it heavily coils on the entire prosecution case and this ground is sufficient to throw away the entire case. THE learned counsel argued that this fact alone is sufficient to grant pre-arrest bail u/s 438 Q. P. C. to the petitioner, though the case was registered under section-302 I. P. C.