Research › Search › Judgment

Patna High Court · body

2007 DIGILAW 907 (PAT)

Kaushal Yadav v. State Of Bihar

2007-05-08

SHYAM KISHORE SHARMA

body2007
Judgment 1. Above noted writ applications have been heard together and are being disposed of by this common order as the prayer in those writ applications are similar. 2. Petitioner Kaushal Yadav is a member of Bihar Legislative Assembly from Govindpur Assembly constituency, District Nawadah whereas petitioner Salman Raghib is the elected member of Bihar Legislative Council from local body seat in Nawadah district. Petitioner Binay Yadav is a representative of the independent MLA Smt. Purnima Yadav elected from Nawadah Assembly constituency who is the wife of petitioner Kaushal Yadav. 3. Prayer of the petitioner Kaushal Yadav of Cr.W.J.C. No. 590 of 2006 is that the cases against him which have been registered by the police be investigated by any independent agency like CBI. The list of the cases have been annexed as Annexure-19 of Cr.W.J.C. No. 590 of 2006. Those cases are of Nawadah Town P.S. Case Nos. 208 of 2006 under sections 420, 467, 468, 471 and 120B of the IPC, 209 of 2006 under sections 379, 420, 120B, 411 of the IPC, 211 of 2006 under sections 386, 120B IPC, 227 of 2006 under sections 420, 467, 468, 471, 120B of the IPC, 245 of 2006 under sections 386, 420, 120B of the IPC, 201 of 2006 under section 364A/34 IPC, 95 of 2006 under section 47A of the Excise Act and other sections, 79 of 2006 under section 47A of the Excise Act and other sections, 68 of 2006 under sections 384, 386/34 of the IPC, 233 of 2006 under section 47A of the Excise Act and other sections, Muffasil Nawada P.S. Case No. 27 of 2006 under sections 25(1-B)A, 26, 29B, 35 of the Arms Act, Roh. P.S. Case No. 14 of 20A6 under sections 47A of the Excise Act and some other sections, 17 of 2006 under section 47A of the Excise Act and other sections and Rajauli P.S. Case No. 34 of 2006 under section 47A of the Excise Act. 4. The prayer of the petitioners, namely, Salman Raghib and Binay Yadav of Cr.W.J.C. No. 150 of 2007 is that the cases registered against them are Nawadah Town P.S. Case No. 208 of 2006, 209 of 2006, 227 of 2006 and 201 of 2006 be investigated by any other independent Agency like CBI. 5. 4. The prayer of the petitioners, namely, Salman Raghib and Binay Yadav of Cr.W.J.C. No. 150 of 2007 is that the cases registered against them are Nawadah Town P.S. Case No. 208 of 2006, 209 of 2006, 227 of 2006 and 201 of 2006 be investigated by any other independent Agency like CBI. 5. It has been submitted on behalf of the petitioners that the father of the petitioner Kaushal Yadav was a Minister in the Govt. of Bihar. He died in the year 1969 in a road accident only after three days of his oath. Thereafter, the mother of the petitioner became member of Bihar Legislative Assembly and remained such for about 32 years. She remained as a Minister in the Govt. of Bihar. The petitioner Kaushal Yadav entered into the politics in the year, 1984. The petitioner Kaushal Yadav contested as independent candidate and won the election and has defeated all the political parties and in that connection he got 80% of the valid votes. His wife Purnima Yadav also become a member of the Legislative Assembly as independent candidate. The Bihar Assembly was dissolved on 22.5.2005 but the petitioner Kaushal Yadav moved to the Hon ble Apex Court challenging the Presidential Proclamation through his wife Purnima Yadav and he prayed that NDA be given an opportunity to form the Government. Subsequently election was held under the supervision of Sri K.J. Rao the representative of the Election Commission of India. The petitioner Kaushal Yadav and his wife were again re-elected. 6. The grievance of the petitioner Kaushal Yadav is that after forming of the Government election of Rajya Sabha was to be held. The NDA decided to support the candidate of LJP.The vote managers of NDA never had discussion with the petitioner and they wanted to petitioner should follow there own line. He did not do so. He was victimised and a number of cases were lodged only with a view to tarnish his image. Though the petitioner Kaushal Yadav was of fair antecedent but he was being branded as a criminal by implicating in number of cases. 7. Case of the petitioners Salman Raghib and Binay Yadav of Cr. W.J.C. No. 150 of 2007 is that a campaign was made to tarnish the image of Kaushal Yadav so that a new political equation may come out in the district of Nawadah which may favour the other parties. 7. Case of the petitioners Salman Raghib and Binay Yadav of Cr. W.J.C. No. 150 of 2007 is that a campaign was made to tarnish the image of Kaushal Yadav so that a new political equation may come out in the district of Nawadah which may favour the other parties. He was stunned after hearing the news on 19.8.2006 that the police has surrounded the house of Kaushal Yadav and the same has disturbed him. The petitioners Salman Raghib and Binay Yadav came to know that Kaushal Yadav has been implicated in Nawadah Town RS. Case No. 208 of 2006 and also in Nawadah Town RS. Case No. 207 of 2006 despite the fact that he was not even present at Nawadah and at the proper time he was attending the meeting of Assembly Committee. Subsequently other cases were also registered against them and against Kaushal Yadav. Nawadah town were deserted look after Kaushal Yadav was implicated. The police in the garb of fake and fictitious seizure has implicated Kaushal Yadav not in one cases rather in a number of cases. All these were done after a due conspiracy hatched by senior officers including the S.P., Nawadah. The cases were mainly concerned with the settlement of Balu Ghat in the district of Nawadah for which Kaushal Yadav had no concern at all. 8. The matter has been contested and counter affidavit has been filed. Allegation of mala fide as well as that the cases were lodged at the instance of some interested persons is said to be baseless and devoid of facts. Out of 14 cases which have been registered, in three cases charge-sheet has been submitted against the petitioner Kaushal Yadav and others and cognizance has been taken by the concerned Court. After investigation two cases were closed as no material was found against the accused Kaushal Yadav. Regarding 9 other cases the investigation was in progress. The State police is doing its duty honestly and the investigation by any independent agency can only be directed if the on-going investigation is found to be inadequate or partial. 9. Further submission is that the officials of the police department have no personal grudge against the petitioner Kaushal Yadav and they have never did any malign the political career. The State police is doing its duty honestly and the investigation by any independent agency can only be directed if the on-going investigation is found to be inadequate or partial. 9. Further submission is that the officials of the police department have no personal grudge against the petitioner Kaushal Yadav and they have never did any malign the political career. The petitioner was found involved in criminal activity then the police was compelled to lodge the cases against whosoever they may bewhether it is the petitioner or some other persons. One accused persons made a confessional statement showing that the petitioner Kaushal Yadav was harboring the criminals like Karu Yadav. That confession was recorded from an accused in connection with a criminal case. The petitioner has nothing to show that partial investigation is being carried out by the police. His apprehension is nothing but a figment of imagination and he does not want that the law should take its normal course. Some forged Challan were detected which were deposited in the Mining Department to show the deposit of heavy amount to the credit of Mining Department. The amount was heavy and accordingly a raid was made at the residence of the petitioner Kaushal Yadav in which number of forged challans relating to Mining Department, fake stamp of Mining Department, Nawadah and other articles were seized and seizure list was prepared in connection with Nawadah P.S. Cases No. 208 of 2006. Several stolen files relating to Balu Ghat Settlement of Mining Department, Nawadah were recovered in" course of that raid. Assistant Mining Officer submitted written report to Officer Incharge, Muffasil Police Station whichresulted in Nawadah P.S. Case No. 209 of 2006. During investigation it has been disclosed that the petitioner Kaushal Yadav used to obtain settlement of Balu Ghat in the name of his own man by giving take address and playing fraud with the Government by submitting forged Challan in the Mining Department. Petitioner Kaushal Yadav has also got files of Mining Department removed from its office and kept the same at his own house for illegal gain. This type of occurrence was being conducted since years. In course of investigation of Nawadah P.S. Case Nos. 208 and 209 of 2006 a number of persons gave their statement under section 164 Cr.P.C. indicating the criminal activities of the petitioner relating to defrauding with the State Government. This type of occurrence was being conducted since years. In course of investigation of Nawadah P.S. Case Nos. 208 and 209 of 2006 a number of persons gave their statement under section 164 Cr.P.C. indicating the criminal activities of the petitioner relating to defrauding with the State Government. Submission of forged challans in the State Bank of India was enough to indicate the criminal activity. House of the petitioner Kaushal Yadav was searched in presence of a number of independent witnesses but the petitioner Kaushal Yadav got instituted a complaint case by each seizure list witnesses in the Court of the C.J.M., Nawadah against the police with a view to make defence. However, complaint cases were dismissed. Investigation revealed that the petitioner used to operate his activity through Karu Yadav, Musafir Yadav, Anil Mehata, Munna Mian @ Salman Raghib, Binay Yadav and others. 10. In course of investigation of Nawadah P.S. Case No. 227 of 2006 it was revealed that Karu Yadav and Arun Yadav are the men of petitioner Kaushal Yadav and accordingly the petitioner Kaushal Yadav got the settlement in their names. Inquiry was made by Mines Inspector who reported that Karu Yadav was employed as bodyguard by the petitioner Kaushal Yadav. Nawadah P.S. Case No. 245 of 2006 was instituted when the police got information that excess amount than the fixed amount was being realised at the Balu Ghat. At that time one person was interrogated who disclosed that the excess amount was being realised on the direction of the petitioner Kaushal Yadav and amount was being deposited in his house. The police has also recorded the statement of the witnesses under section 164 Cr.P.C in most of the cases. 11. Petitioners want that the investigation be conducted by the CBI or by any independent agency so that the truth may come out. Submission is that this is essential to dispel the apprehension of the petitioners and other people of Nawadah that the petitioner Kaushal Yadav and petitioners Salman Raghib and Binay Yadav are being implicated in the false cases. However, the investigation by C.B.I. will do complete justice and still the confidence in the public mind. Submission is that this is essential to dispel the apprehension of the petitioners and other people of Nawadah that the petitioner Kaushal Yadav and petitioners Salman Raghib and Binay Yadav are being implicated in the false cases. However, the investigation by C.B.I. will do complete justice and still the confidence in the public mind. The petitioner has relied upon the judgment reported in (1992)1 SCC 397 in case of Gudalure M. J. Cherian and Others vs. Union of India & Others and (1994)1 SCC 616 in case of Punjab and Haryana High Court Bar Association, Chandigarh through its Secretary vs. State of Punjab and Others. 12. According to the allegation original files, some forged challans, stamp and other articles were seized from the house of the petitioner Kaushal Yadav in course of search and seizure. During investigation it has come that the amount of 107.05 lacs were not deposited in the treasury though challans showing deposit having stamp were available in the record. Those allegations prima facie made out a case to proceed. Investigation can certainly be handed over to another agency if the present investigating agency is found deficient in carrying proper investigation. In a routine matter it has to be avoided. If the agency which is investigating the matter is doing its duty without prejudice then the handing over the investigation to other agency will only caused some aspertions with regard to the investigating agency which is making investigation. No doubt, the petitioner Kaushal Yadav is public representative and belongs to a family having politics in its tradition, he and his wife are the independent member of the Bihar Legislative Assembly. Undoubtedly, he is having backing of the vast majority of the people of his area but if some doubt is created with regard to conduct in connection with some criminal activity then it must be verified, investigated and it is being investigated in that way. 13. After investigation the police has filed final form against the petitioner in some cases, so it cannot be said that the investigation is being done only with a view to falsely implicate the petitioner. I am satisfied that the investigation is being carried out in proper manner so I am not inclined to give any direction to investigate the cases lodged against the petitioners Kaushal Yadav and others by any other agency. 14. This application has no merit. I am satisfied that the investigation is being carried out in proper manner so I am not inclined to give any direction to investigate the cases lodged against the petitioners Kaushal Yadav and others by any other agency. 14. This application has no merit. Accordingly it is dismissed.