JUDGEMENT
RAJEEV RANJAN PRASAD, J. -
(1.)The petitioner in this case is seeking the following reliefs:-
"i) Issuance of appropriate writ, rule or direction commanding upon the Central Bureau of Investigation (C.B.I.) to register the First Information Report in connection with the alleged Acts of omission, commission and serious forgery by creating false Administrative Records at the behest of the accused persons named in the written report which has already been filed before the competent authority as far as back, 17/7/2021 under Sec. 154 of the Cr.P.C.;
ii) Issuing appropriate writ, rule or direction ordering an enquiry in connection with the omission on the part of the Respondent No.3 to 7 to register the First Information Report; which act is in direct conflict of the ratio of the Hon'ble Apex Court laid down in the case of Lalita Kumari Vrs. The Government of Uttar Pradesh since reported in (2014) 2 SCC 1 and which was binding upon all the authorities in terms of the mandate of Article 141 of the Constitution of India; and
iii) Alternatively directing any independent and impartial investigating agency to register the subject FIR and investigate the case under the supervision of this Hon'ble Court.
iv) For any other relief(s) for which the petitioner is entitled to in the facts and circumstances of the case and interest of justice."
(2.)The petitioner in the present writ application is a former member of the Indian Administrative Service (in short 'IAS'). He happened to be the Chairman of the Bihar Staff Selection Commission, Patna on 4/2/2017. On this day, a first information report giving rise to Aghamkuan P.S. Case No. 44 of 2017 under Ss. 419, 420, 467, 468, 471/34 of the Indian Penal Code was registered by one Dhirendra Kumar Singh a Sub-Inspector of Police alleging therein that on receipt of a secret information at about 10:00 P.M. on 3/2/2017 that in the house of one late Pappu Singh on first floor two persons Pawan Kumar and Atul Ranjan Sinha are involved in getting selection of the candidates in different departments of the Government through the competitive examination conducted by Bihar Staff Selection Commission by fraudulent act and use of electronic gadgets in lieu of huge considerations amount, conducted a raid and arrested three persons who disclosed their names as (i) Pawan Kumar (ii) Bipin Kumar (iii) Nawneet Kumar. They disclosed the name of other persons who were involved in the alleged fraudulent act and revealed that they were looking a sum of Rs.6.00 lakhs was being taken from each of the candidates. The informant police officer seized some electronic gadgets, ATM cards, cash, mobile, several original certificates and documents.
(3.)For purpose of investigation, a Special Investigation Team (SIT) was constituted. In course of investigation, the name of the petitioner surfaced, he was interrogated and was taken into custody. He remained in judicial custody for over three years eight months approximately whereafter he was granted bail by the order of the Hon'ble Supreme Court in SLP (Crl) No. 3441 of 2020 vide order dtd. 6/10/2020.
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