IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. WJC No.849 of 2009
BHOLA KUMAR SINGH @ BHOLA KUMAR
Versus
STATE OF BIHAR & ORS
-----------
4 13.8.2010 The petitioner, who is the informant, seeks a direction
to the respondent authorities to properly investigate the case
bearing Gaurichak P.S. Case No.178 of 2008 dated 30.12.2008
under sections 147, 148, 149, 307 and 504 of the Penal Code and
section 27 of the Arms Act.
In the aforesaid case, the informant alleged that on the
order of Lal Kishun Chaudhary, the other accused persons
resorted to fire whereupon both the informant and one Raushan
Kumar sustained fire arm injury on their lower portion of their
legs.
The petitioner submits that the accused persons in
order to create a defence lodged counter case bearing Gaurichak
P.S. Case No.179 of 2008 under sections 147, 148, 341, 323,
379, 504, 384 of the Penal Code.
The grievance of the petitioner is that the police
submitted final form in favour of the accused persons whereas in
the case filed by the accused persons, charge sheet has been
submitted under sections 147, 148, 341, 323, 379, 504, 384 of
the Penal Code and section 3(1)(x) of the SC/ST Act.
A counter affidavit has been filed on behalf of the
State wherein in paragraph 8 it has been stated that final form
has been submitted in the case filed by the petitioner and charge
2
sheet has been submitted in the case filed by the accused
persons.
Counsel for the State submits that the Investigating
Officer has submitted final form in favour of the accused
persons and opined that both these persons have opened fire on
each other in order to implicate the accused persons in the case.
The court is not bound by the opinion of the police
and it can differ with the opinion if it finds that there is material
to proceed against the accused persons. The petitioner would be
at liberty to either file protest cum complaint before the learned
Magistrate or to file a representation before the Sr.
Superintendent of Police, Patna stating therein that though there
was fire arm injury on the person of the informant and Raushan
Kumar, still final form was submitted by the police.
With the aforesaid observations and directions, this
writ petition stands disposed of.
(S.P.Singh,J)
KHAN