The Director General of Police exceeded jurisdiction in transferring the investigation to CID based on a petition by an accused, and parallel investigation by different police wings is not permissible.

1. Both the writ petitions have been heard at the admission stage analogous as the nature of grievances and the respondents in both the petitions are the same and similar, although, the petitioners are different.

2. In Cr WJC No. 295/2000 the petitioner Ramjee Singh is the informant in respect of Masrakh P.S. Case No. 223/99 which was registered on 29.9.1999 under Section 364/34, IPC on an incident which occurred on 27.9.1999 at 3 P.M. when accused persons (sic) eleven persons including respondent No. 8 Tarkeshwar Singh who is sitting MLA of Bihar. In Cr WJC No. 297/2000 the petitioner Ashok Kumar Singh is the informant in respect of Masrakh P.S. Case No. 222/99 which was registered on 28.9.1999 under Sections 364, 342, 379/34, IPC and in that case also respondent No. 8 Tarkeshwar Singh, sitting MLA of Bihar alongwith others were named as accused persons. Both the cases were being investigated by the Statutory Police of Masrakh Police Station. But at the fag end of the investigation it appears as per the counter-affidavit, a petition was filed by respondent No. 8 Tarkeshwar Singh to the respondent No, 4 Director General of Police and on the basis of that petition as per the counter- affidavit, a preliminary enquiry was made by the respondent No. 5. Inspector General of Police, CID through his inspector and a report was submitted and then an order was passed through Wireless Message on 5.11.1999 for making over the investigation of both the cases to the CID. It further appears from the counter-affidavit filed by both respondent No. 8 and the CID that investigation was ordered to be made by an officer of the CID, but he could not take over charge, as he was transferred. Then another Officer of the CID was appointed as Investigating Officer. But till the counter-affidavit has been filed by the CID when charge of the investigation could not taken up by the CID.

3. The grievance of the petitioners is that there was no scope of the Director General of Police to make any order for withdrawing of the investigation from the Statutory Police to the CID and such Wireless Message sent is without jurisdiction having no authority of the Director General of Police to that effect. The respondent No. 8 wanted to be impleaded in this writ petition and as such he was impleaded and he also filed counter-affidavit. According to him, he had been falsely implicated in the politically motivated criminal cases which were registered on poling days and thereafter in the last Assembly Election. According to respondent No. 8, he was not at the spot where the occurrence took place as alleged and only to cloud his image these cases have been lodged against him and he found that he would be unnecessarily harassed in the cases and as such he had to make an application to the Director General of Police and the Director General of Police after preliminary enquiry made over the investigation of the cases to the CID. The legal question arises and emerges on the above mentioned facts and circumstances are : (i) whether there was any authority of the Director General of Police to take over the investigation of the cases from the Statutory Police and make over the same to the CID (ii) whether there can be any scope of any parallel investigation and enquiry by the two wings of the police?

4. The learned counsel for the petitioners have strenuously argued by referring to the Apex Court judgment that there is no scope of taking away the investigation from the Statutory Police on political motive only to shield the political persons who are in the helms of affairs of the State. His further submission is that if such sort of things are encouraged, then there can be an anomaly in the administration of justice and also amongst the wings of the Police Department.

5. On the other hand, Mr. Tara Kant Jha, learned Senior Counsel for and on behalf of the respondent No. 8 submits that under Chapter XV, Rule 425 and Rule 1010 of Bihar Police Manual, the DGP (CID) has got