Sita Ram Prasad @ Sri Sita Ram Prasad v. The State Of Bihar Through Its Home Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.244 of 2017 Arising Out of PS. Case No.-228 Year-2015 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Sita Ram Prasad @ Sri Sita Ram Prasad, Son of Multam Prasad Kharwar, Resident of Village-Hatta, P.S.- Chainpur, District- Kaimur (Bhabua). ... ... Petitioner

Versus

1.

The State of Bihar through its Home Secretary, Government of Bihar, Patna 2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Patna.

4.

The Superintendent of Police, Kaimur (Bhabua). 5.

The Dy. Superintendent of Police, Kaimur (Bhabua). 6.

The Officer-in-Charge, P.S.- Chainpur, District- Bhabua (Kaimur). ... ... Respondents ====================================================== Appearance :

For the Petitioner :

None For the Respondents :

Dr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 09-07-2019 No one appears for the petitioner.

2. This application has been filed on 20.02.2017 for directing the respondents to investigate the Chainpur P.S. Case No.228 of 2015 in proper manner..

3. The First Information Report (for short 'FIR') of Chainpur P.S. Case No.228 of 2015 has been registered on the basis of the written report submitted by one Narendra Kumar Singh, Inspector (Post office). In his written report submitted to the Officer-in-charge of Chainpur Police Station, on 01.12.2015, he has alleged that while the petitioner was posted as Sub

Patna High Court CR. WJC No.244 of 2017 dt.09-07-2019 2/2 postmaster at Chainpur post office between the year 2013 to 08.09.2015, he made forged withdrawal from several accounts under the MANREGA scheme. It is further alleged that till the date of institution of FIR, defalcation of Rs.32 lakhs has been detected.

4. The allegations made in the FIR are quite serious. The petitioner has taken several defence in the application filed by him and has made a prayer for proper investigation. Every investigation is supposed to be proper and confidential. An accused can not dictate the terms of investigation. There is no material on the basis of which the court can come to the conclusion that the investigation is not proper.

5. In that view of the matter, I see no merit in this application. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2019 Transmission Date 10.07.2019