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2019 Supreme(Pat) 245

ASHWANI KUMAR SINGH
Sanjay Tiwary (male), Son of Ramadhar Tiwary – Appellant
Versus
State of Bihar through the Director General of Police, Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vijay Kumar Singh, Advocate
For the Respondent: Mr. M. Nasrul Huda Khan

JUDGMENT :

1. This application under Article 226 of the Constitution of India has been filed by the petitioner for directing the respondents to hand over investigation of Patahi P.S. Case No. 167 of 2018 to an independent investigating agency.

2. Learned counsel for the petitioner submitted that the minor daughter of the petitioner was found hanging in her own room. The petitioner suspected that it was a case of rape and murder. He lodged a first information report (for short ‘FIR’) against one Golu Singh, who used to tease her from before. As the petitioner used to earn livelihood in Delhi, he came back to his village after he came to know about the death of his daughter. Thereafter, he instituted the case, which was registered under Sections 302, 376, 201/120-B/34 of the Indian Penal Code and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012, but the investigation done so far does not instill confidence. The investigating agency is not conducting the investigation in a fair and impartial manner.

3. He contended that though more than six months have lapsed since the date of institution of the FIR, no one has been arrested by the police. The investigatin


















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