Chandrashekhar Prasad v. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.829 of 2017 Arising Out of PS. Case No.-147 Year-2017 Thana- ALAMGANJ District- Patna ====================================================== Chandrashekhar Prasad S/o Late Shiv Shankar Sao, resident of MohallaNaya Gaon, P.S. Alamganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna 2.

Senior Superintendent of Police, Patna.

3.

Investigating Officer of Alamganj P.S. Case No. 147/17. 4.

Officer-in-Charge, Alamganj, Police Station, Patna. 5.

Anjali Kumari, D/o Akhilesh Singh, Permanent Address- Village- Bishunpur Jagdish, Anchal- Marhaura, P.S.- Marhaura, District- Saran at Chhapra. Present Address- Rajiv Nagar Road No.- 0, P.O.- Keshari Nagar, P.S.- Rajiv Nagar, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Respondent/s :

Mr.Iqbal Asif Niazi, AC to GP 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 18-04-2024 Heard learned Advocates on behalf of the petitioner and the State-Respondents.

2. The background of the instant writ petition was recorded by this Court vide an order dated 13th of February, 2024. It is not in dispute that son of the informant was missing since 13th of April, 2017. Police registered Alamganj P.S. Case No. 147 of 2017 under Section 365 of the IPC and submitted charge-sheet against two persons. However, the Investigating Authority failed to collect any information about the said

Patna High Court CR. WJC No.829 of 2017(16) dt.18-04-2024 2/2 missing person.

3. On perusal of the record, it is ascertained that the Investigating Authority took all possible steps to find out the missing person, but in vain.

4. At this stage, the Police Authority is at liberty to file appropriate charge-sheet under Section 173(8) of the Cr.P.C. if the victim is recovered or if any information is received that the victim is no more under appropriate penal provision in accordance with law.

5. With the above direction, the instant writ petition is disposed of.

(Bibek Chaudhuri, J) uttam/- U