SURAJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 24.1.2004 passed by the Additional Sessions Judge IVth, Patna in Sessions Trial No. 613 of 2002, whereby the plea of the petitioner that Special Public Prosecutor of the Central Bureau of Investigation cannot conduct the case against this petitioner, has been rejected. Short facts giving rise to the present application are that on the basis of a report given to the police, Gardanibagh (Shastrinagar) P.S. Case No. 336 of 1998 was registered under Sections 302, 307/ 34, 120B and 379 of the Indian Penal Code and 27 of the Arms Act. The State police investigated the case and submitted chargesheet against the petitioner and other accused persons. On the submission of the charge -sheet, the learned Magistrate took cognizance of the offence and transferred the case to another Magistrate for committal enquiry. The Central Bureau of Investigation filed application before the Judicial Magistrate entrusted with the C.B.I. cases seeking permission for further investigation of the case. After investigation, the Central Bureau of Investigation submitted chargesheet against two accused persons and the trial of all the accused persons is being conducted by the Special Public Prosecutor of the Central Bureau of Investigation.

(2.) MR . Ajay Kumar Thakur, appearing on behalf of the petitioner submits that the petitioner is facing trial on the basis of the charge -sheet submitted by the local police and hence the C.B.I. is not competent to prosecute him and he has to be prosecuted by the prosecuting agency of the State police.

(3.) HAVING heard learned Counsel for the party, I do not find any substance in the submission of Mr. Thakur.