IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.605 of 2008 ARUN SAO Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Arun Kumar, Advocate For the Respondents : Mrs. Nividita Nirvikar, G.P. XVI ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal -------- Dated, the 28th July, 2008. This criminal writ petition is by father alleging that his son Master Aman Kumar alias Pius has either been kidnapped or killed by criminals or has been detained illegally by Alamganj Police station or respondent nos. 9 and 10. 2. A counter affidavit has been filed by respondent no. 7 wherein it is submitted that on the basis of Sanha entry (Sanha no. 774 dated 18th May, 2008) made by one Dipu Kumar, son of Krishna Prasad that one boy had drowned in course of swimming, Sub Inspector B.N. Das proceeded for investigation with team and it was found that the boy Master Aman Kumar alias Pius had died by drowning; his body could not be found. In course of enquiry, the information was elicited from Chintu Baba, son of Kailash Mishra, Raju son of Ganesh Sao, Minaresh Sharma, son of Mohanlal Sharma and Dipu Kumar, son of Krishna Prasad and from that, it transpired - 2 - that Aman Kumar came to Bhadra Ghat on cycle; put cycle on stand; took out his clothes and dived in the Ganges and he could not come out. The body was tried to be traced with the help of fishermen but could not be found. It is further stated that although no FIR has been instituted but as directed by the Senior Superintendent of Police, Patna, Officer Incharge, Alamganj Police station gave report, after investigating the representation made by the petitioner and it was found that Master Aman Kumar alias Pius died by drowning. 3. By virtue of insertion of sub – section 1(A) in Section 176 of the Code of Criminal Procedure, it has been made mandatory that in the case of death or disappearance of a person, judicial enquiry must be held by the Judicial Magistrate in whose jurisdiction the offence is said to have been committed. The enquiry by the police, as has been sought to be averred in the counter affidavit, is no enquiry in the eye of law. 4. Section 176 (1-A) of the Code of Criminal Procedure reads thus: “ 176 Inquiry by Magistrate into cause of death – […..(1A) Where, ---- (a) any person dies or disappears, or (b) rape is alleged to have been committed on any woman while such person or woman is in the custody of the police or in any other custody authorized by the Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be within whose local jurisdiction the offence has been committed.]” - 3 - 5. Having considered the matter, we are of the view that a judicial enquiry as contemplated under section 176(1-A) of the Code of Criminal Procedure has to be held by the Judicial Magistrate, Patna City, into the death/disappearance of Master Aman Kumar alias Pius, son of Arun Sao. 6. We, accordingly, direct that Annexure 1 annexed with the writ petition be transmitted to the Judicial Magistrate, Patnacity, Patna for holding a judicial enquiry as contemplated by section 176(1-A) of the Code of Criminal Procedure, 1973 into the death/disappearance of Master Aman Kumar alias Pius. If during the course of judicial enquiry, it turns out that death of Master Aman Kumar alias Pius was not natural, the Judicial Magistrate, Patna City shall direct the concerned police station to register the case and proceed in accordance with law. 7. Writ petition is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/