Binay Kumar Sharma @ Binay Sharma vs The State of Bihar and Others

V.N. Sinha, J.—In compliance of the earlier orders of this Court dated 8.1.2008 second supplementary counter affidavit on behalf of Respondent Nos. 5, 6, 7 and 8 has been filed which is taken on record. It appears therefrom that the statement of the witnesses of Turkaulia P.S. Case No. 318 of 2005 has been recorded in Video Cassettes but the statement of the witnesses of the counter case i.e. Turkaulia P.S. Case No. 319 of 2005 has been recorded only in the case diary and not in any Video Cassette, as such, in order to maintain parity it is directed that the evidence of the prosecution witnesses of the counter case Turkaulia P.S. Case No. 319 of 2005 be also recorded in a Video Cassette and the cassette of the statement recorded in both the cases, Turkaulia P.S. Case No. 318 of 2005 and Turkaulia P.S. Case No. 319 of 2005, be kept in the safe custody of the trial court and if the trial court does not have any safe then in the safe of the Registrar of the Civil Court concerned. In the light of the statement made in the second supplementary counter affidavit, this Cr. Writ application is disposed of as all other reliefs prayed for in this application has already been considered and granted by the Investigating Agency itself except that investigation is kept pending against those whose name has transpired in course of the investigation in connection with Turkaulia P.S. Case No. 319 of 2005, as such, it is directed that investigation as regards the others not named in the First Information Report, whose name transpired during the investigation, should also be concluded as early as possible, in any case within a period of three months from the date of receipt/ production of a copy of this order. The statement of the witnesses of Turkaulia P.S. Case No. 319 of 2005 should be recorded in the Video Cassette also within three months for which the petitioner herein and his witnesses must co-operate.