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Patna High CourtCR. WJC/140/2023disposed

Satanjay Kumar Singh v. The State Of Bihar, Through The Director General Of Police, Bihar, Patna

2023-04-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.140 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== SATANJAY KUMAR SINGH Son of Late Shashi Bhushan Singh R/vJahangripur, P.S.- Gaighat, District- Muzaffarpur ... Petitioner

Versus

1.

The State of Bihar, through the Director General of Police, Bihar, Patna 2.

The Inspector General of Police, Tirhut Division, Muzaffarpur, Bihar 3.

The Senior Superintendent of Police, Muzaffarpur, Bihar 4.

Sub Divisional Police Officer, East, District- Muzaffarpur, Bihar 5.

The Officer in - Charge, Minapur Police Station, District- Muzaffarpur,Bihar 6.

The Officer in - Charge, Gaighat Police Station, District- Muzaffarpur, Bihar ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ganesh Prasad Singh, Adv.

For the Respondents :

Mr. Md. Nasrul Hoda Kha, SC I ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and the State. The present writ petition has been filed to transfer the investigation of Minapur P.S. Case No. 150 of 2022, dated 03.04.2022, registered under Sections 364, 366(A) and 120B(B) of the Indian Penal Code and also Gaighat P.S. Case No. 4 of 2022, dated 04.01.2022, registered under Section 365/34 of the Indian Penal Code to the State Criminal Investigation Department for impartial investigation of the case. Counsel for the petitioner submits that Minapur P.S. Case No. 150 of 2022, dated 03.04.2022, was filed by the wife of main accused of Gaighat P.S. Case No. 4 of 2022, dated 04.01.2022, registered under Section 365/34 of the Indian Penal Code. Counsel submits that with a view to save the skin the accused has filed Minapur P.S. Case No. 150 of 2022, after

Patna High Court CR. WJC No.140 of 2023(2) dt.07-04-2023 2/2 about three months, i.e., on 03.04.2022, registered under Sections 364, 366(A) and 120B(B) of the Indian Penal Code, as such, it requires fair investigation.

Counsel for the State submits that the petitioner may be directed to represent before the Senior Superintendent of Police, Muzaffarpur (respondent no. 3), in the light of the order passed by the coordinate Bench in Cr.W.J.C. No. 153 of 2017 (Surendra Singh Vrs. State of Bihar & Ors.) and analogous cases decided on 09.09.2022.

The petitioner is directed to file his representation for his grievances before the Senior Superintendent of Police, Muzaffarpur (respondent no. 3), within four weeks from today, either in person or through his Advocate, with all the issues which he has raised in the writ petition and the Senior Superintendent of Police is directed to do the needful in accordance the directions given in the above mentioned case. With this observation, this criminal writ petition is disposed off.

(Dr. Anshuman, J) Shamshad/- U T