Parmanand Mandal v. The State Of Bihar Through Director General Of Police, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.672 of 2017 Arising Out of PS. Case No.-268 Year-2013 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Parmanand Mandal son of Govind Mandal, resident of Village- Baluachak, P.S.- Jagdishpur, District- Bhagalpur.

... ... Petitioner

Versus

1.

The State Of Bihar Through Director General Of Police, Government Of Bihar, Patna 2.

The Senior Superintendent of Police, Bhagalpur. 3.

The S.H.O., Jagdishpur Police Station, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Sharma, Advocate Mr. Dhirendra Nath Jha, Advocate For the Respondent/s :

Mr. AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-01-2020 The petitioner has moved this Court for a direction to respondents no. 2 and 3 to properly investigate Jagdishpur P.S. Case No. 268 of 2013 and find out the culprits in the case. Further prayer has been made to declare that the chargesheet submitted against the son of the petitioner is without any basis and it is only because investigation has not been done properly. Learned counsel for the State submits that this writ application is wholly misconceived inasmuch as the petitioner has got remedy for redressal of his grievance before the regular court. It is not the case of the petitioner that at any point of time the petitioner has filed an application before the concerned jurisdictional Magistrate to monitor and supervise the

Patna High Court CR. WJC No.672 of 2017(2) dt.10-01-2020 2/2 investigation. Moreover, the petitioner is aggrieved by the chargesheet filed against the son of the petitioner. He could have challenged the proceeding initiated on the basis of said chargesheet by the learned court below in an appropriate and duly constituted proceeding under the provisions of the Code of Criminal Procedure.

Having heard learned counsel for the petitioner and learned counsel for the State, this Court is of the considered opinion that the writ application has no merit. In case the petitioner is aggrieved by the investigation and the proceeding initiated on the basis of the chargesheet submitted by Police, the aggrieved party may seek his remedy before the court and in accordance with law.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) avin/- U