IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.37 of 2009 AMIT KUMAR @ PAPPU, SON OF SRI BINDESHWARI PRASAD SINGH, RESIDENT OF VILLAGE BARHARI, POLICE STATION GORADIH, DISTRICT BHAGALPUR …..PETITIONER. Versus 1. STATE OF BIHAR THROUGH HOME SECRETARY, SECRETARIATE, PATNA 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE INSPECTOR GENERAL OF POLICE, BHAGALPUR, EAST ZONE, BHAGALPUR 4. THE DY. INSPECTOR GENERAL OF POLICE, BHAGALPUR 5. THE SUPERINTENDENT OF POLICE, BHAGALPUR 6. THE DY. SUPERINTENDENT OF POLICE, HEAD QUARTER IST, BHAGALPUR 7. THE OFFICER-IN-CHARGE CUM INVESTIGATING OFFICER, KOTWALI (TILKAMANJHI), BHAGALPUR ……RESPONDENTS. ----------- 2. 10.02.2009 This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to conduct fair and impartial investigation of Kotwali (Tilkamanjhi) P.S.case No.459 of 2008. Mrs. Anjana Prakash, Senior Advocate, appearing on behalf of the petitioner submits that after the police had submitted charge sheet, any interference by the Deputy Inspector General of Police amounts to interference with the investigation and the same is permissible only when action is taken under Section 173(8) of the Code of Criminal Procedure. I am not inclined to accept this broad proposition. Superior Officer in the hierarchy of police, in the facts of a given case may consider directing for reinvestigation of the case and for that matter before directing for reinvestigation may seek certain information and give directions. 2 I am of the opinion that simply because the Deputy Inspector General of Police had given certain direction, it cannot be said that the investigation is not impartial. In fact law casts duty on him to ensure fair and impartial investigation. I do not find any merit in the application and it is dismissed in limine. Narendra/ (Chandramauli Kr. Prasad, ACJ.)