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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Nawin Kumar @ Navin Kumar @ Naveen Kumar Son of Late Ramanuj Sharma – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner seeks a directive for thorough investigation. (Para 2) |
| 2. concerns about harassment due to investigation handling. (Para 3) |
| 3. court observes the transfer to cbi addresses concerns raised. (Para 4) |
| 4. writ petition disposed; reliefs satisfied. (Para 5) |
ORAL ORDER :
ARUN KUMAR JHA, J.
The present writ petition has been filed by the petitioner seeking following relief(s):
“(i) For issuance of order(s) / direction(s) or writ(s) in the nature of Mandamus directing the concerned Respondent Authorities to ensure carrying out the proper and adequate full- fledged investigation in Chitragupt Nagar P.S Case No. 14/26 dated 09.01.2026 whereby and where under Patna Police (Chitragupt Nagar P.S. Police), acting in collusion and under influence of the Respondents 2nd Set, is not conducting a fair investigation in the case in order to provide illegal & undue advantages to the Respondents 2nd Set and merely for the sake of formality, an SIT has been constituted but that SIT too is not conducting proper investigation in the matter, as such, the investigation in this case may be carried out under the supervision/ chairmanship/monitoring of a retired Judge of the Hon'ble Supre
The transfer of investigation to an independent agency satisfies the petitioner's concerns over fairness, making further monitoring unnecessary.
The accused cannot demand a change in the investigating agency without clear evidence of mala fide conduct, emphasizing the need for caution in exercising such powers.
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.
Point of law: Magistrate's power Under Section 156(3) of the Code of Criminal Procedure is very wide, for it is this judicial authority that must be satisfied that a proper investigation by the polic....
The main legal point established in the judgment is the need for caution in exercising the power to direct a CBI investigation, emphasizing that it should be sparingly exercised in exceptional situat....
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
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