In the said F.I.R. it was indicated that Damodar Singh, the informants brother was companytesting the elections to the Bihar Assembly as an independent candidate.
This led the Petitioner to file an application under Section 227 Cr.
W.J.C. No.288 of 2000, which was disposed of by the High Court on 9th April, 2001, upon observing that the matter appeared to be a fight between two political personalities and when investigation had already been companypleted by one agency and was also to be companypleted by the CID, the question would arise as to whether the investigation report under Section 173 2 Cr.
P.C. and fixed a date for framing of charge.
On reaching the place they were informed that a boy had sustained injuries and had been rushed to the Maharajganj State Hospital for treatment.
When they were leaving the hospital premises, Uma Shankar Singh who was a candidate of the Samata Party in the Assembly election, and his son Jitendra Swami, accompanied by some unknown persons armed with different weapons, arrived at the place of occurrence and on the orders of Uma Shankar Singh, his son Jitendra Swami pulled down Bharat Singh from his motorcycle, pushed him into his car and drove out to an unknown destination.
P.C. would have to be filed both by the first investigating agency and also by the CID.
Case No.18909 of 2007 in the Patna High Court for quashing the order passed by the First Additional District and Sessions Judge, Siwan, on 9th March, 2007, rejecting the Petitioners prayer for discharge from the case.
The Petitioner thereupon filed Crl.
The matter created a lot of turmoil which resulted in the investigation being transferred to the CID.
This Special Leave Petition was filed on 17th July, 2009, against the said judgment and order of the High Court.
By virtue of the order of the High Court, investigation companytinued both by the CID and the local police and it was decided to file a report in final form against the Petitioner, though some other accused were charge sheeted.
The informant, Vijay Singh, becoming unnerved by the said decision of the State Government, challenged the same in Crl.
The said application was taken up for companysideration by the First Additional Sessions Judge, Siwan, who by his order dated 9th March, 2007, rejected the petitioners prayer for discharge under Section 227 Cr.
The High Court directed the CID and the Superintendent of Police, Siwan, to submit their reports to the companycerned Chief Judicial Magistrate within two months from the date of the order and upon such report being submitted, the Chief Judicial Magistrate was directed to proceed according to law after companysidering both the reports and the case diary.
ALTAMAS KABIR, J. On 17th February, 2000, one Vijay Singh, brother of Bharat Singh deceased and Damodar Singh, who was an independent candidate in the elections to the Bihar Assembly, lodged a First Information Report with Maharajganj Police Station which was recorded as Maharajganj P.S. Case No.14 of 2000.
The criminal revision preferred from the order of the learned Sessions Judge was dismissed by the High Court.
P.C. for discharge from the case.
While the polling of votes was in progress, Bharat Singh was sitting in the Election office when he received information that bogus votes were being cast at a particular booth and upon hearing a bomb explosion at about 11.30 a.m., he proceeded to the place where the incident was taking place.
Initially, the FIR was lodged under Section 364/34 IPC, but after the body of Bharat Singh was found, Sections 302, 291/34 IPC and Section 27 of the Arms Act were also added.
According to the F.I.R. version, the informant reached the place in a jeep while Bharat Singh followed him on a motorcycle.
However, after examining the materials in the case diary, the Chief Judicial Magistrate differed with the Final Report submitted by the investigating agency to take companynizance against Jitendra Swami and some other accused persons.
