IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12283 of 2007 Avinash Kumar Suman @ Bal Brind Prasad, Son of Sarjug Prasad, Resident of Village- Chandubigha, P.S. Hilsa, District- Nalanda ------------------ Petitioner Versus 1. THE STATE OF BIHAR 2. Rajnandan Prasad, resident of Village-Sakmojhu, Police Station-Nagarnausa, District-Nalanda --- Opp.Parties. ----------- For the petitioner : M/S N.K.Agrawal, Sr. Advocate For the State : Mr. R.B.S. Pahepuri, A.P.P. For Opp.Party no.2 : None. ---------- O R D E R The present application has been filed for the quashing of the F.I.R. of Sultanganj ( Agamkuan) P.S.Case No.77 of 2000 as also the cognizance order dated 27.10.2006 passed therein by the learned Sub Divisional Judicial Magistrate, Patna City, whereby he has taken cognizance under Sections 363,365 and 364A I.P.C. against the petitioner and others. It appears that in the present case after investigation chargesheet was submitted against the petitioner on 2.4.2001/7.4.2001 and investigation was kept pending against one Anirudh Prasad @ Mukhiya, against whom chargesheet was subsequently submitted on 27.12.2001 and two other co-accused, Rajendra Prasad and Ashutosh Kumar, against whom no evidence was found by the police, they were exonerated. The court below by the impugned order gook cognizance against the petitioner and co-accused Anirudh Prasad @ Mukhiya , whereas cognizance against co-accused Santosh Kumar Arya was taken earlier by order dated 13.10.2000. - 2 - The specious submission on behalf of the petitioner is that the case having been registered against unknown four days after the alleged date of occurrence and on the basis of a petition being filed by the informant on 13.6.2000 i.e. two months after the date of occurrence, stating therein of suspicion of his son being abducted by Avinash Kumar Suman @ Bal Brind Kumar, Ashuotsh Kumar @ Panna Lal , Sanjay Kumar , Rajendra Prasad , Santosh Kumar Arya and Anirudh Prasad, the petitioner and the others were impleaded as accused and investigation proceeded and notwithstanding that the instant case was one of no evidence, either direct or circumstantial, and on the basis of mere suspicion the chargesheet has been submitted. It has further been submitted that at the relevant time, the petitioner was working as Junior Engineer in the Indian Railways and was posted at Gaya. That apart it was also submitted that notwithstanding the Supervising Authority , namely, the City S.P.,Patna in course of his supervision having found the case false against the petitioner directed the Investigating Officer to move the court for not taking cognizance against the petitioner and others and in that view of the matter, a letter was addressed to the court by the Officer Incharge, Agamkuan Police Station ,in the light of the direction of the City S.P. reiterating the direction of not taking cognizance against the petitioner and others. However, the court below ignoring such prayer took cognizance. I am afraid that though the submissions advanced by the learned counsel for the petitioner appears to be very alluring, this is - 3 - not the stage where such issues can be considered. It is by now well settled that observations of the Supervising Authority cannot be looked into by the court as it is a confidential and internal matter between the Supervising Authority and the Investigating Officer. That apart even the issue of alibi as raised on behalf of the petitioner of his being present at Gaya at the relevant time in connection with his employment is a matter which is required to be proved by cogent evidence in course of the trial. In the facts and circumstances of the case and the discussions made above I find no merit in this application which is accordingly dismissed. However, the petitioner is at liberty to raise all these issues at the time of framing of charge and in the event such issues are raised, the court below will be required to examine all the materials available on record and pass orders in accordance with law without being prejudiced by the instant order. ( Abhijit Sinha, J ) Patna High Court,Patna Dated: the 24th June,2009 Nawal Kishore Singh/ A.F.R.