D.N. Upadhyay, J. - (1.) HEARD Mr. Kailash Prasad Deo, learned counsel appearing for the petitioner, Mr. Ashok Kumar, learned counsel appearing for the State and Mr. Manoj Kumar, learned counsel appearing for respondent No. 10, 11 & 12. This writ petition has been filed in connection with Godda (Poraiyahat) P.S. Case No. 165/08 registered under Sections 341, 326, 307 & 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
(2.) IT appears that one Shailendra Yadav had given his fardbeyan on 02.09.2008 at 17.35 hours at Poraiyahat Police Station alleging therein that he was intercepted on the way by miscreants namely Dhiren Yadav, Mahavir Turi, Bhuneshwar Yadav and two unknown persons. It was also alleged that Dhiren Yadav took out pistol from his waist and opened fire causing injury to the petitioner. On the basis of fardbeyan Poraiyahat P.S. Case No. 165/08 was registered and investigation commenced. During investigation the I.O. did not find the evidence against named accused persons and therefore they were exonerated. The evidence collected during investigation indicated involvement of Damodar Yadav and his associates who were chargesheegted and accordingly cognizance was taken against them. Since the petitioner is aggrieved with the investigation he has filed a protest/complaint before the Court below and also filed this criminal writ petition seeking direction for further investigation to be done by a competent police officer nominated by S.P., Godda. The learned counsel appearing for the respondent State and S.P., Godda have submitted that the investigation was rightly done by the concerned police officer. The reason for exonerating the named accused has been disclosed in the case diary and the reason for submitting chargesheet against other accused is also apparent.
(3.) AFTER some arguments, the learned counsel appearing for the petitioner has agreed that he would not press the protest/complaint in future, if further investigation is directed in the matter to find out the actual culprit.;