Dilip Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3149 of 2017 ===========================================================

1. Dilip Kumar, son of Sri Laxmi Narayan, resident of Village- Rasonk Marar, P.S. Morkahi, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary of Home Old Secretariate Old, Bihar, Patna.

2. The Home Commissioner, Old Secretariate Bihar, Patna.

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

4. The Superintendent of Police, Khagaria.

5. Deputy Superintendent Gogali, Khagaria.

6. The Officer-in-Charge, Police Station Parbatta, Khagaria.

7. The Investigation Officer Parbatta, P.S. CaseNo. 247 of 2017 through the Officer in-charge Parbatta Police Station, Khagaria.

8. Ashutosh Kumar then Officer in-Charge, Parbatta Police Station, Khagaria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Digamber Kr. Singh, Advocate For the Respondent/s : Mr. Bishwa Bibhuti Kr. Singh, AC to AG =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 18-08-2017 None appears for the petitioner. Petitioner has filed this writ petition in public interest seeking investigation into the F.I.R. registered by Parbatta Police Station as Parbatta P.S. Case No.247 of 2014 and wants progress of the case to be monitored in a particular manner.

From the counter affidavit filed by the respondents, we find that with regard to the issue in question a detailed enquiry has

Patna High Court CWJC No.3149 of 2017 dt.18-08-2017 2/2 already been conducted by the Additional Superintendent of Police, Khagaria and his report, Annexure 1, has been filed. The S.P. in his report indicates that there are materials available to proceed against the absconder whereas the petitioner seems to make out a case for closure of the case.

It is for the persons who are proceeded with and who are the actually aggrieved by the action of the police to come out and challenge the action against them.

Taking note of the totality of the facts and circumstances, we are not inclined to make indulgence in this petition under public interest at the instance of the petitioner. The application is dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.8.2017 Transmission Date N/A