Mussari Begam @ Mustari Begam v. The State Of Bihar Through Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.222 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== Mussari Begam @ Mustari Begam Wife of late Mubarak Hussain, R/vGarhani, P.S.- Charpokhari, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, Bhojpur at Ara.

3.

The Superintendent of Police, Bhojpur at Ara. 4.

The Deputy Superintendent of Police Piro, Bhojpur at Ara. 5.

The Station House Officer of Charpokhri P.S. Bhojpur at Ara. 6.

The Add. Collector Bhojpur at Ara.

7.

The SDO Sadar Bhojpur at Ara.

8.

The Circle Officer of Garhani, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Cr. Writ Petition seeking direction from the Court that fair and proper investigation may takes place in connection with Charpokhri P.S. Case No. 160 of 2022 lodged under Sections 420, 467, 468, 471/34 of the I.P.C. dated 19.08.2022.

Learned counsel for the petitioner submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar and others vide order dated 09.09.2022 passed in Cr.W.J.C. No. 153 of 2017 with analogous cases, a direction was given to the petitioners to represent the entire matter before the Superintendent of Police and the Superintendent of Police was directed to take

Patna High Court CR. WJC No.222 of 2023(2) dt.12-04-2023 2/2 appropriate action in the said matter upon receiving the representation, within a fixed time period. He submits that the present case is squarely covered with the case of Surendra Singh Vs. State of Bihar and others.

In this view of the matter, petitioner is directed to file representation before the Superintendent of Police, Bhojpur at Ara in the light of order passed in Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases within four weeks from the date of passing of this order. The Superintendent of Police, Bhojpur at Ara is directed to take necessary steps for completion of fair investigation at the earliest.

It transpires to the Court that since the matter is relating to land dispute, hence, till filing of final report under Section 173(6) of Cr.P.C. no coercive step shall be taken against the petitioner in connection with Charpokhri P.S. Case No. 160 of 2022.

With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

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