Patna High CourtCR. WJC/1259/2016disposed

Tunni Mishra @ Tuni Mishra @ Sushil Kumar Mishra v. The State Of Bihar Through Home Secretary, Bihar, Patna And ORS

2018-08-30Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1259 of 2016 ====================================================== Tunni Mishra @ Tuni Mishra @ Sushil Kumar Mishra, Son of Late Chandrayug Mishra, Resident of Village- Sonbarsa, Police StationShahpur, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through Home Secretary, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Central Range, Patna.

4. The Deputy Inspector General of Police, Shahabad Range, Dehri.

5. The Superintendent of Police, Bhojpur, Ara.

6. The Deputy Superintendent of Police, Jagdishpur, Bhojpur.

7. The S.H.O., Shahpur Police Station, Bhojpur.

8. The Investigating Officer of Shahpur P.S. Case No. 48/2016. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Pandey For the Respondent/s : Mr. Md. Nashrul Hoda Khan (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2018 In order to proof his innocence, if the petitioner is requesting the Investigating Agency to investigate the plea of alibi scientifically and properly by examining the footage of CCTV camera at the working place of the petitioner at the Head Office of I.C.D. Container Depot. Situated in Kankor Building, Greater Noida, this Court does not find any unreasonableness in the prayer made by the petitioner.

Learned counsel for the petitioner submits that he has filed an application u/s 173 (8) Cr.P.C. in this regard in the Court of learned Chief Judicial Magistrate, Ara, however, the same has remained unattended.

Patna High Court Cr. WJC No.1259 of 2016 (2) dt.30-08-2018 2/2 If it is so, the petitioner is given liberty to press his application before the learned Court below and the learned Court below is directed to consider the same and pass an appropriate order thereon keeping in mind that the petitioner is only seeking an investigation in scientific mode and manner as per his plea of alibi.

This application stands disposed off with the aforesaid observations and directions.

(Rajeev Ranjan Prasad, J) R.R.Ojha.

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