Lal Babu Bhagat v. The State Of Bihar Through The Director General And Inspector General Of Police, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.414 of 2021 Arising Out of PS. Case No.-239 Year-2019 Thana- DIGHWARA District- Saran ====================================================== Lal Babu Bhagat Son of Fekan Bhagat Resident of Mohalla - Sanchipatti, Police Station - Hajipur Town in the district of Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General and Inspector General of Police, Bihar, Patna. Bihar 2.

The Inspector General of Police, Saran at Chapra. Bihar 3.

The Deputy Inspector General of Police, Saran at Chapra. Bihar 4.

The Superintendent of Police, Saran at Chapra. Bihar 5.

The Deputy Superintendent of Police, Sonepur in the district of Saran Bihar 6.

The officer -In-Charge, Dighwara P.S. In the district of Saran. Bihar 7.

The Sub- Inspector -Cum-Investigation officer, Dighwara P.s. in the district of Saran. BIhar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Adv.

For the Respondent/s :

Mr. Nadim Seraj, GP5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and counsel for the State.

This Cr. Writ application has been filed by the petitioner seeking following reliefs:-

1. To direct the respondents to start further investigation in Dighwara P.S. Case No. 239 of 2019 for the offence under Sections 302, 120B of the I.P.C as the police has not made proper investigation in the case and on the perfunctory investigation submitted final form, a mistake of act and the

Patna High Court CR. WJC No.414 of 2021(2) dt.22-03-2023 2/2 accused persons named in F.I.R. exonerated.

Counsel for the petitioner seeks permission to dispose of his writ petition in the light of order passed in Surendra Singh Vs. State of Bihar & Ors. in Cr. WJC No.153 of 2017 with analogous cases decided on 09.09.2022 to file his representation before Superintendent of Police, Saran at Chapra. Counsel for the State submits that petitioner may be directed to represent before the Superintendent of Police, Saran at Chapra who shall take the needful in the light of observations made in Cr. WJC No. 153 of 2017.

In this view of the matter, the present writ application is disposed of with liberty to the petitioner that he shall represent before the Superintendent of Police, Saran at Chapra within 4 week who shall pass appropriate order and take action in the light of order passed by the Hon'ble Court in the above said judgment.

With this direction, this Cr. writ application is hereby disposed of.

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