ORAL JUDGMENT :

Heard learned counsel for the parties at length.

This matter has been argued earlier also on 20.02.2020 and 24.02.2020 and after hearing learned counsel for the parties for some times their respective submissions have been recorded in the following orders:

“ 20.02.2020 Learned counsel for the petitioner submits that the revisional order passed by the learned Sessions Judge,Vaishali at Hazipur is bad in law and the same is liable to be set-aside as the learned Sessions Judge has refused to issue directions to Central Bureau of Investigation in Hazipur Town P.S. Case no. 730/2014 without applyingit’s judicious mind and ignoring the Hon’ble High Court’s order dated 17.07.2015 passed in Cr.W.J.C. No. 881/2014by which an inquiry was set up for verification of the genuineness of the investigation conducted in relation to Hazipur Town P.S. Case No. 730/2014.

Learned counsel has heavily relied upon the affidavit with the report filed by Mr. Paresh Suxena, I.G.Home Guard, as contained in Annexure ‘10’ to the present application.

On the other hand, learned counsel representing respondent no. 15 submits that on perusal of Annexure ‘1’to the present writ application it would appear that Cr.W.J.C. No. 881/2014 in which the affidavit and the report as contained in Annexure ‘10’ was filed was disposed off on 02.09.2015 by a learned coordinate Bench of this court taking a view that the learned Magistrate hasthe power to look into the case diary and thereafter conclude that further investigation is required under Section 173(8) Cr.P.C. The matter was, thus, left for learned Magistrate to look into and pass an appropriate order.

It is submitted that the learned Chief Judicial Magistrate, Hazipur thereafter accepted the police final report and refused to pass an order for further investigation. The petitioner thereafter moved this court in Cr.W.J.C. No. 239/2016 challenging the order dated 12.10.2015 passed by learned Chief Judicial Magistrate,Vaishali, but the said writ application was withdrawn with liberty to file an appropriate application putting a challenge by way of revision to the order dated12.10.2015 whereby police report submitted by police was accepted by learned Chief Judicial Magistrate.

Learned counsel for respondent no. 15 has referred and relied upon the order dated 18.03.2016passed by the then Hon’ble the Acting Chief Justice in Cr.W.J.C. No. 239/2016 (Annexure ‘2’). It is the submission of learned counsel for respondent no. 15 that after the aforesaid order was passed vide Annexure ‘2’ to the present application the petitioner did not challenge the order dated 12.10.2015 passed by the learned Chief Judicial Magistrate, Vaishali and no revision application challenging the order of learned C.J.M. was filed. In fact,it is the submission that the revision application which was preferred by the petitioner giving rise to Criminal Revision No. 148/2016 was only confined to a prayer to direct the Central Bureau of Investigation to re-investigate the case.

Since learned counsel for the parties intend to make further submissions, let this matter be listed again under the same heading in the daily cause list on 24.02.2020 maintaining it’s position.”

Again on 24.02.2020 the following order was passed:-

“24.02.2020 Matter has been heard further. Learned counsel for the petitioner has produced before this Court a copy of the criminal revision application bearing Cr.Rev. No.148 of 2016 filed in the court of learned District and Sessions Judge, Vaishali at Hazipur. The prayer portion of the revision application reads as under:-

“It is, therefore, prayed that your honour may graciously be pleased to direct this case to be re-investigated by the C.B.I. in the light of Section 173(8) of Cr.P.C. and in the light of Mr. Paresh Saxena’s inquiry report submitted in Hon’ble Patna High Court. and/or to pass such order/orders as may be deemed fit and proper.”

Learned counsel for the petitioner has relied upon judgments of the Hon’ble