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 one Rajnish Kumar had been assaulted by an unruly mob when they were allegedly caught with firearms. This allegedly led to death of Manoj Kumar on way to the hospital whereas Purshottam Kumar died in the hospital and Rajnish Kumar, the third injured was admitted and was being treated in the hospital. Finding the circumstances leading to death of the two youths Manoj Kumar and Purshottam Kumar, suspicious, the Director General of Police, Bihar directed the matter to be investigated by the DIG, Central Range who found that the two deceased died while in police custody due to beating by the police. The petitioner has alleged that the said report was exhaustive and on this basis some departmental action was also taken against the concerned police officials but thereafter the report was shelved and no FIR was lodged against police personnels causing miscarriage of justice.

4. The matter of custodial death of two youths was enquired into by a team of citizens belonging to Bihar Branch of PUCL in July, 1994 and as per their report based upon statement of several eye witnesses including the injured-Rajnish, the incident took place due to refusal to give some motor parts on credit to police personnels and the two youths were allegedly beaten in the police station in presence of a Deputy Superintendent of Police, Ms Sangita and they died due to brutal beating by the police.

5. The father of deceased Purshottam Kumar, Sri Garhnandan Singh, made a complaint dated 27.8.1994 to the NHRC with regard to custodial death of his son and one Manoj Kumar. As per this complaint, Manoj Kumar died in the police station itself whereas Purshottam Kumar died in Danapur Sadar Hospital on account of multiple injuries caused by the local police officials. The said complaint has been annexed as Annexure-3. On perusal of the complaint, NHRC on 30.8.1994 directed the Chief Secretary, Government of Bihar to submit a report regarding the said incident. The Government of Bihar informed the Commission (NHRC) that the concerned police officials have been placed under suspension and departmental proceeding was being drawn up against them. After about a year, a FIR was instituted leading to Naubatpur PS Case No. 96 of 1995 dated 21.5.1995 under sections 302, 307, 323/34 of the IPC against four concerned officials. The informant of this case was one Ram Nath Prasad, a Sub Inspector of Police, posted at Naubatpur police station. In this case a final report was submitted by the police on 29.12.1995 describing the case as a mistake of fact.

6. According to the petitioner, the final report was submitted by the police after a perfunctory investigation with an effort to screen the offenders and the court of learned ACJM was not made aware of independent enquiries conducted by the DIG, Central Range