IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.219 of 2007 MOST.SHANTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 10 07.08.2008 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State of Bihar. In the instant case, the petitioner who is the informant of Jamalpur PS case no. 97 of 2006 dated 27.8.2006 filed for offences under sections 302/34 of the penal code and 27 of the Arms Act prays for investigation of the case by any other agency. The informant stated that the Railway Protection Force (RPF) people feigning a fake encounter has killed her son, namely, Ram deo Paswan. The informant stated that her son, the deceased on 26.8.2006 at 4 pm was called from his house by RPF staff, namely, Phuleshwar Yadav. Soon thereafter he was shot near gate no.8 of Railway Workshop Jamalpur. She further states that she learnt that 4-5 RPF stall including Fuleshwar Yadav, R.S.Singh, S.I., Chandi Tanti and Ajoy Shankar Sinha, inspector all killed her son. Learned counsel for the petitioner submits that said Fuleshwar Yadav had also filed a case being East colony ps case no. 33 of 2006 dated 26.8.2006 for offences under sections 394, 401 and 307 of the penal code and Arms Act in order to cover up the allegation leveled against him and other police personnel. He further submits that the investigation of the case has been carried in a perfunctory manner and material witnesses have not been examined to shield the RPF personnel. - 2 - It is submitted by the learned counsel for the State that the boy was shot dead in scuffle and encounter while trying to steal railways properties. Having heard the parties, in view of nature of allegation and subsequent protest, this court directs the D.G.P., Bihar, Patna as well as the Secretary, Home Department, Bihar to hand over the case to the CID for investigation. With the aforesaid observations and directions, the writ petition is allowed. Shashi. (S.P.Singh,J)