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1966 Supreme(Pat) 187

K.K.DUTTA, RAMRATNA SINGH
Pancham Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. These two applications in revision are by the same person and have been heard together. They have been referred by a learned Single Judge of this Court to a Division Bench, as some important questions of law arise therein.

2. The petitioner was a writer constable or an assistant sub-inspector of police attached to Gopalpur police-station within the district of Bhagalpur in October 1964. Two first informations were lodged against him on the 17th October 1964, through two written reports, one by Bothri Prasad Thakur and the other by Harihar Dass On the basis of the two first information reports, two cases were instituted at the police station under Sec.161 of the Penal Code and Section 5(2) of the Prevention of Corruption Act, allegations against him being those of bribery and criminal misconduct. Under the orders of the Deputy Superintendent of Police, Naugachia, the investigation in both the cases was taken up by an Inspector of Police. Copies of the first information reports were received by the Sub-Divisional Magistrate. On the same day, the petitioner appeared before the learned Magistrate through a lawyer and prayed for judicial enquiry in both the cases. On the 30th























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