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2000 Supreme(Pat) 922

SHIVA KIRTI SINGH
N. Gopalaswami, Secretary General, Nhrc, New Delhi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Keeping in view the nature of controversy involved in this writ application, it was heard in detail and is being disposed of finally at the stage of admission itself.

2. The petitioner in this writ application is Secretary General of National Human Rights Commission (NHRC), a body constituted under section 3 of Protection of Human Rights Act, 1993 (hereinafter referred to as the Act). Originally, this writ application was filed under Article 226 of the Constitution of India with a prayer to quash order dated 19.2.1996 (Annexure-5) passed by learned Additional Chief Judicial Magistrate, Danapur by which he accepted the final report submitted by the police in Naubatpur PS Case No. 96 of 1995 and for issuance of a writ/direction/order commanding the respondents to hold an independent investigation to prevent miscarriage of justice. The salient facts which led to the filing of this writ application are as follows :

3. A criminal case bearing Naubatpur PS Case No. 103 of 1994 was instituted by the local police against 200-250 unknown persons under section 304 of the Indian Penal Code with allegation that the two deceased, namely, Manoj Kumar and Purshottam Kumar along with on























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