IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.515 of 2010 BALESHWAR SINGH Versus STATE OF BIHAR & ORS ----------- 4 12.7.2010 I.A.No.1241 of 2010 has been filed by the informant Vishwajeet Kumar Singh for adding him as necessary party in Dariyapur P.S. Case No.26 of 2008. He submits that as he happens to be the informant of the instant case, any order in this case may affect his case. In view of the aforesaid submission, I.A.No.1241 of 2010 is allowed and Vishwajeet Kumar Singh is directed to be added as respondent no.16 in this writ application. In the instant case the petitioner seeks a direction to the respondent authorities to conduct proper investigation of Dariyapur P.S. Case No.26 of 2008 under section 302 and other allied sections of the Penal Code. The petitioner also challenges the de-controlling of the investigation from the C.I.D. which was earlier ordered by the Director General of Police, Bihar. The petitioner also seeks a direction to the respondent authorities to produce the relevant order by which the C.I.D. investigation was de-controlled. In order of appreciate the rival submission of the parties, it would be necessary to go into the facts of the case in short. One Viswajeet Kumar Singh, the newly added respondent no.16, lodged a F.I.R. for the alleged killing of his father Rajendra Singh by accused Abhishek Kumar Singh @ Guddu 2 Singh, Sujay Singh and 25 other accused persons. In the process the informant and others also sustained injuries. The petitioner submits that his son Abhishek Kumar Singh @ Guddu Singh has been falsely implicated in the instant case, as he was a witness in Complaint Case No.590 of 2007 lodged by Mostt. Gita @ Rita Devi against the informant Vishwajeet Kumar Singh and 17 others under sections 395 and other allied sections of the Penal Code. Besides this, Abhishek Kumar Singh @ Guddu Singh was also witness in Dariyapur P.S. Case No.2 of 2007 dated 5.1.2007 under section 379/34 of the Penal Code also lodged by Most.Gita @ Rita Devi against different persons including the informant of the present case. The petitioner states that right from the beginning the local police was not conducting the investigation properly and as such he had filed a representation before the Director General of Police, Bihar, Patna who after careful consideration of the matter directed for investigation of the present case by the C.I.D. Thereafter the Dy.S.P., C.I.D.vide his progress report-cum- assessment note dated 24.4.2010, contained in Annexure-7, found the implication of the petitioner and his son to be false and on the other hand opined that the accused Sujay Singh has been wrongly let off. The petitioner submits that curiously enough the D.G.P. Bihar hurriedly directed for de-control of the C.I.D. investigation. Counsel for the petitioner submits that the aforesaid order of the D.G.P. decontrolling the investigation of Dariyapur 3 P.S. Case No.26 of 2008 from the C.I.D. has deliberately not been brought on the record and rather the action is being sought to be defended in counter affidavit on flimsy ground. A counter affidavit has been filed on behalf of the D.G.P., Bihar and others (Respondent nos.3 to 8) wherein in paragraph 6 it has been stated that as per the order of the D.G.P. Bihar, Patna, the S.P.(C), C.I.D., Bihar, Patna has issued letter for de-controlling of Dariyapur P.S. Case No.26 of 2008 vide letter no.1249 dated 12.5.2010, contained in Annexure-A/1. Counsel for the State submits that the Dy. S.P., C.I.D conducted the investigation in a very perfunctory manner without examining crucial issues and facts. In paragraph 8 it has been stated that from perusal of the case it would appear that the local police is about to complete the investigation and the anticipatory bail of Abhishek Kumar Singh @ Guddu was rejected by this court and hence in the changed circumstances the C.I.D. has recommended for decontrolling of Dariyapur P.S. Case No.26 of 2008. Counsel for the respondent intervener submits that he has filed Cr.W.J.C.No.405 of 2010 for quashing the order, by which the case was handed over to the C.I.D. It appears that the informant Vishwajeet Kumar Singh, respondent no.16, has lodged a F.I.R. against 27 accused persons in which it has been alleged that Abhishek Kumar Singh @ Guddu Singh and one Sujay Singh fired seven rounds and killed his father. It is also on record that Abhishek Kumar Singh @ 4 Guddu Singh is a witness against the informant Vishwajeet Kumar Singh in two cases lodged by one Most.Gita @ Rita Devi i.e. Complaint Case No.590 of 2007 and Dariyapur P.S. Case No.2 of 2007. In fact the aforesaid circumstances formed basis for the petitioner to contend that he has been falsely implicated in the instant case in order to wreak vengeance, whereas the other co-assailant Sujay Singh is being let off. The petitioner further contended that the ballistic examination of the gun also showed that no firing was resorted from it. On the other hand the superior officers did not find the investigation done by the Dy. S.P.(C.I.D.) up to the mark. It would also be relevant to note that superior officers have found the investigation/assessment of Dy.S.P., C.I.D. to be of a low quality and an explanation has also been sought by Annexure-B/1 of Counter Affidavit. It also appears that charge sheet has been submitted against 13 accused persons. As per the counter affidavit, the C.I.D. too recommended for decontrolling the investigation. In such circumstances, it cannot be said that there could not have been any reason to decontrol the C.I.D. investigation and as such I do not find any illegality in decontrolling the investigation from the C.I.D. As there is allegation and counter allegations and there is also a report of the Dy.S.P., C.I.D. which points towards false implication of the petitioner in this case, this court directs that progress of this case may be also supervised by the I.G., Tirhut Range. 5 KHAN It goes without saying that the materials collected by the C.I.D. would be part of record. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)