Bittu Kumar Sah v. The State Of Bihar

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 05-07-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. In the present writ petition the petitioner prays that a writ of mandamus be issued to the Superintendent of Police, Begusarai so that he may enquire the matter relating of Singhaul P.S. Case No.117 of 2011 dated 19.4.2011, Singhaul P.S. Case No.135 of 2011 dated 10.5.2011 and Singhaul P.S. Case No.136 of 2011 dated 10.5.2011. A counter affidavit has been field on behalf of the State in which it has been stated that in Singhaul P.S. Case No.135 of 2011 charge-sheet has already been submitted under sections 341, 323, 448 and 504/34 of the Indian Penal Code on 30.6.2011. So far as Singhaul P.S. Case No.117 of 2011 is concerned, it has Patna High Court CR. WJC No.577 of 2011 (2) dt.05-07-2012 been stated that in that case too charge-sheet has already been submitted under sections 341, 323 and 504/34 of the Indian Penal Code on 25.4.2011. So far as Singhaul P.S. Case No.136 of 2011 is concerned, it has been submitted that the same is still under investigation. It has been submitted that the said case is a counter case and has been instituted against the petitioner of the present case. The power of investigation is a statutory one and ordinarily and save and except some exceptional circumstances, no interference therewith by any court is permissible. The court cannot interfere with the investigation by the police particularly when there is nothing on the record to indicate that the investigation is not being carried out in an honest manner. For the reasons stated, herein above, no direction is required to be given by this court in the matter and, accordingly, the writ petition is dismissed. Md.S./- (Ashwani Kumar Singh, J)