RONGON MUKHOPADFTYAY, J. - (1.) Heard Mr. Mahesh Kumar Tewari, learned counsel for the petitioner, Mr. Binod Singh, learned S.C. (L and C) representing the respondent nos. 1 and 2 and Mr. R.S. Mazumdar, learned senior counsel appearing on behalf of the respondent no. 3.
(2.) In this writ application, the petitioner has prayed for the following reliefs: "(i) For a declaration that the right to fair trial in a criminal case is a basic human and fundamental right to a person guaranteed under Article 21 of the Constitution of India. (ii) For declaration that the order dated 7.4.2016 passed in S.T. No. 29 of 2015 by the learned Additional Sessions Judge, Simdega is against the object and spirit of Section 307 of the Cr.P.C. and the same is violative of the fundamental right of fair trial guaranteed to the petitioner under Article 21 of the Constitution of India. (iii) For setting aside the order dated 7.4.2016 passed in S.T. No. 29 of 2015 by the learned Additional Sessions Judge, Simdega whereby the learned court has allowed tlie application of the prosecution to make the accused Bikram Gope @ Barood Gope, who is an active member of the banned extremist organisation PLFI and is involved in various cases of serious nature, as an approver in terms of the provisions contained in Section 307 of Cr.P.C. read with Section 164 of Cr.P.C. (iv) For a direction/order to the Police Administration of District-Simdega to inquire into the Complaint Petition of the petitioner filed from Simdega Jail on 9.1.2016 leading to the institution of Simdega P.S. Case No. 11 of 2016 corresponding to G.R. No. 33 of 2016, which is still pending investigation since 27.1.2016. (v) For issuance of direction/order to the learned Trial Court proceed in the instant matter i.e. S.T. No. 29 of 2015, till the adjudication and final disposal of the instant writ petition before this Hon'ble Court. (vi) For a direction/order to transfer S.T. No. 29 of 2015 to some other court in view of the fact that the petitioner has no faith in the Court of Shri Ram Babu Gupta, learned Additional Sessions Judge, Simdega considering his partisan conduct in the matter."
(3.) The factual matrix which arises in this writ application is with respect to institution of a criminal case being Kolebira P.S. Case No. 58 of 2014 in which it was alleged by the informant that his elder brother who was a Para Teacher in Government School, Jatatand, Kolebira was kidnapped by 10 accused persons on 26.11.2014 at about 2 P.M. It has been alleged that one teacher namely Sanju Nayak gave this information to the headmaster of the School who in turn had informed the informant, leading to institution of the police case.;