IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13667 of 2003
Durga @ Rahul @ Durgesh Sharma
Versus
State Of Bihar
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with
Criminal Miscellaneous No.13722 of 2003
Chandi Lal @ Ranjan Kumar
Versus
State Of Bihar
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55/ 19.10.2011 Heard learned counsel for the State of Bihar.
2. Mr. Vinay Kumar, Advocate as well as learned
counsel for the Advocate’s Clerk Surendra Prasad Singh and learned
counsel for the deponent Nawal Kishore Kumar are present in court.
3. From subsequent development it transpires that in
view of orders dated 06.07.2011 and 27.07.2011 an F.I.R. bearing
Kotwali P.S. Case No.403 of 2011 has been lodged on 09.08.2011
against Durga @ Rahul @ Durgesh Sharma (petitioner), Chandi Lal @
Ranjan Kumar (petitioner), Nawal Kishore Kumar (deponent of the
bail petition), Surendra Prasad Singh @ Salendra Prasad (Advocate’s
Clerk), Mr. Vinay Kumar (Advocate) and other unnamed persons for
offences punishable under sections 420, 467, 468, 471 and 120B of the
Indian Penal Code.
4. From a perusal of the said F.I.R. it transpires that the
Deputy Superintendent of Police (Law & Order), Patna who was
earlier investigating the matter has been made Supervising Officer,
whereas Sub-Inspector of Police of Patlipura Station has been made
the Investigating Officer of the case as per the directions of the
Superintendent of Police, Patna. It has been done so as the original
case was lodged in Patliputra Police Station. It further transpires and
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that too very strangely that in the said F.I.R. no statement of the person
lodging F.I.R. had been given and only High Court’s orders dated
06.07.2011 and 27.07.2011 were attached to the proforma of the F.I.R.
and the Assistant Registrar of the High Court had been named in the
F.I.R. as informant.
5. From order dated 06.07.2011 it is quite apparent that
the then Investigating Officer had sought permission of this court to
file an F.I.R. for initiating a proceeding against the persons who were
within the ambit of suspicion and the said permission was granted to
the then Investigating Officer with a liberty to include other persons
also if they were found to be involved. In the said circumstances, the
F.I.R. should have been lodged by the Investigating Officer himself as
per the directions of this court making specific statements in that
regard and there was no occasion for naming the Assistant Registrar of
the High Court as the informant as he had only communicated the
orders of this court to the said authority, nor there was any occasion
for annexing the orders of this court as part of the F.I.R. This appears
to be a gross violation of the specific order/direction of this court apart
from being illegal and perverse. In the said circumstances, the
Superintendent of Police, Patna and the Deputy Superintendent of
Police named above are directed to make corrections in that regard and
submit a report in this regard before this court within two weeks.
6. Only thereafter letter dated 14.10.2011 sent by the
Deputy Superintendent of Police to the Registrar General, Patna High
Court for copies of some documents shall be considered.
7. Put up both the cases on 16 th of November, 2011
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under the same heading.
8. Let a copy of this order be handed over to
Mr. S.A. Ahmad, learned counsel for the State of Bihar for
communication and necessary action.
Harish (S.N.Hussain, J.)