The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.

JUDGMENT :

Sandeep Kumar, J.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Central Bureau of Investigation (C.B.I.).

2. In this case, the petitioner has prayed for the following reliefs: -

“(i) To issue an appropriate writ, order or direction in the nature of mandamus commanding the Respondents to conduct proper, fair, impartial and speedy investigation in a time bound manner following the due process of law in Sasaram Town Model Police Station Case No.1040 of 2024, registered for the commission of offences punishable under sections 126(2), 115(2), 109, 103(1), 351(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023, and section 27 of the Arms Act.

(ii) To direct the C.I.D. to take evidence from the eye witnesses immediately and to arrest the accused police officer and his bodyguard as there is a specific allegation of murder against them.

(iii) To direct the learned Chief Judicial Magistrate, Sasaram, Rohtas, to monitor the investigation of the above-mentioned case properly, because in this case there is a specific allegation of shooting the petitioner's brother against a Police Officer (Deputy Superintendent of Police, Traffic) and his bodyguard.”

3. The present criminal writ petition emanates from an incident which is alleged to have taken place on the night of 27.12.2024 at about 10:00 P.M., in which the younger brother of the present petitioner was killed at the hands of the police officials.

4. In the present F.I.R. instituted by the petitioner/informant, it is alleged that on the night of 27.12.2024 at about 10:00 P.M. the younger brother of the petitioner and his friends were gathered in the courtyard of the dwelling house of one Kalika Singh situated near ‘Pir Baba’ courtyard in Sasaram to celebrate the birthday of their friend Sivam Singh. At that time, the Deputy Superintendent (Traffic) namely, Adil Bilal and his bodyguard namely, Chandramauli Nagia along with 3-4 unknown persons came to the said place and started enquiring and when the brother of the informant and his friends objected to the same, the aforesaid police officials threatened them and suddenly opened fired from the service revolver aiming at the brother of the informant and his friends. In the said firing, the brother of the petitioner died on spot and two friends of the brother of the informant namely, Atul Singh and Vinod Pal sustained serious injuries. It is also alleged that thereafter the Dy. S.P. threatened the other persons to implicate them in false and frivolous cases.

4.1. Lastly, it is alleged that that on the aforesaid night, the friends of the brother of the informant were consuming alcohol and this fact was in the knowledge of the Dy. S.P. who was present nearby at the place of occurrence in a van of traffic police station and therefore, he came there in order to extort money from the persons who were celebrating the birthday party which is the cause of the occurrence.

5. Apart from the allegations made in the F.I.R., it is the case of the petitioner that the informant has merely signed on the application based on which the present F.I.R. vide Sasaram Town P.S. Case No.1040 of 2024 was registered since he was compelled by the police officials and according to the petitioner, the contents of the aforesaid F.I.R. are not exactly the same as per the real/actual scenario.

6. It is the case of the petitioner that the real fact is that on the date of occurrence i.e. on 27.12.2024 some persons including Sudhir, Atul, Vikash, Aniket, Binod and Rana Om Prakash had gathered in the courtyard of the dwelling house of one Kalika Singh situated at Sasaram to celebrate the b