Manoj Kumar Ranjan v. The State Of Bihar Through Principal Secretary Home Department Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2407 of 2018 Arising Out of PS. Case No.-8 Year-2017 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Manoj Kumar Ranjan S/o Ram Keshwar Singh, resident of Village Tetaria, P.S. Nabinagar District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Principal Secretary Home Department Govt. Of Bihar, Patna and Ors 2.

The Director General of Police Govt. of Bihar News Secretariat, Patna. 3.

The I.G. Police Patna the Govt. of Bihar New Secretariat, Patna. 4.

The D.I.G. of Police Magadh Division, Gaya.

5.

The Superintendent of Police Aurangabad, District- Aurangabad. 6.

The Dy. S.P. of Aurangabad.

7.

The Officer in Charge of Aurangabad Town Police Station Aurangabad. 8.

Naresh Chandra, S/o Late Ramawtar Singh, resident of Village Fateh Jampur P.S. Nadi, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Respondent/state:

Mr.Suman Kumar Jha, Ac to AAG-3 Mr.Prabhat Kumar Verma Aag3 For the Respondent No.8:

Mr.Chakrapani, Advocate Mr.Madhuresh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-02-2023 This criminal writ application has been filed for following reliefs:- (i) For a direction to the respondents to arrest the respondent No.7 who has made accused in connection with Aurangabad Town P.S. Case No. 8 of 2017 registered U/s 420, 406 of the Indian Penal Code and Section 138 of the

Patna High Court CR. WJC No.2407 of 2018(3) dt.01-02-2023 2/3 Negotiable Instruments Act.

(ii) For a direction to Respondent No.6 to comply the order dated 06.01.2018 passed by Court below by which process of under Section 82 and 83 of Cr. P.C. has been issued.

(iii) For any other/orders on the basis of the facts and circumstances stated hereinafter of the case.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is aggrieved to the extent that police is not arresting respondent no.8 despite of the fact that anticipatory bail of petitioner has already been rejected, where proceeding u/s 82/83 of the Cr.P.C. has also initiated. Learned counsel appearing on behalf of the respondent no.8 submitted that during the course of investigation while supervision of this case was made up to S.P. level, no case was found true against this respondent and as matter went up to DIG, Magadh Division, Gaya, an application was made by this petitioner stating thereof that charge-sheet should not be submitted till outcome of the present criminal writ petition and as such it is the petitioner who caused the delay in filing of charge-sheet, which also

Patna High Court CR. WJC No.2407 of 2018(3) dt.01-02-2023 3/3 amounts to interference in investigation.

Considering the submissions as made above, and in view of well settled law in this regard that arrest is the part of investigation, which is the domain of investigating agency, this Court find no reason to interefere thereof. However, investigating agencies including respondent nos. 1 to 7 are directed to conclude the investigation in accordance with law at the earliest, specifically respondent no.4 who is DIG, Magadh range, where matter is pending for the present. The present writ petition stands disposed of, with aforesaid observation.

(Chandra Shekhar Jha, J) R.S.Sen/- U T