Kaushal Kishore Singh v. The State Of Bihar Through Principal Sectt., Deptt. Of Home (Police), Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.93 of 2020 Arising Out of PS. Case No.-827 Year-2018 Thana- DANAPUR District- Patna ====================================================== Kaushal Kishore Singh, Son of Rajendra Singh, Resident of Village - Sonahi, P.S.- Parihar, Distt - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State Of Bihar represented through the Principal Secretary, Deptt. Of Home (Police), Govt. Of Bihar, Patna.

2.

The Senior Superintendent of Police, Patna.

3.

The Superintendent of Police, Patna.

4.

The Sub-Divisional Police Officer, Danapur.

5.

The Officer-in-Charge Police Station, Danapur. 6.

The Investigating Officer of Danapur P.S. Case No. 827/2018, Danapur, Patna.

7.

Force Motors Limited Company & Pune, authorized dealer of Company M/s Automobiles Private Company Limited, Saguna More, Khagaul Road, Danapur, Patna, 8.

Shakti Utility Automobile Private Limited Company, Saguna More, Khagaul Road, Danapur, Patna and Managing Director, Division and M/s Zodaic Automobile Private Limited Company of sale Consultant Ajit Kumar and Company Managing Director, Deepak Kumar Choudhary, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Rajeev Shekhar, Advocate Mr. Balajee Shekhar, Advocate For the State :

Mr.Ajay Kumar, A.C. to G.P.-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The present writ application has been filed for direction to the respondents to conduct the investigation of Danapur P.S. Case No.827 of 2018 and submit final investigation report in the learned court as envisaged under

Patna High Court CR. WJC No.93 of 2020(2) dt.20-02-2020 2/3 Section 173 read with Section 167 of the Cr.P.C. Learned counsel for the petitioner submits that though the F.I.R. in the present case was lodged on 30.11.2018, till date final form has not yet been submitted, which is quite unusual and indicative of the manner in which the investigation is proceeding. It is submitted that the entire effect of criminal prosecution has been defeated if the law enforcement agency does not act in a responsible manner and submit final form within a specified period. He thus prays that the present application requires interference under Article 226 of the Constitution of India.

Learned counsel for the State submits that such a prayer could be disposed of with directions fixing a time-frame for submission of the charge-sheet, so that the court may proceed further.

Having considered all facts and circumstances of the case, it would be best and in the interest of justice that the present writ application be disposed of at this stage itself by issuing appropriate directions.

It is, accordingly, directed that the investigation of Danapur P.S. Case No.827 of 2018 be concluded and final form submitted positively by the 30th of March, 2020.

Patna High Court CR. WJC No.93 of 2020(2) dt.20-02-2020 3/3 The petitioner is directed to approach the Senior Superintendent of Police, Patna (Respondent No.2) along with a copy of this order and the Respondent No.2 shall necessitate and issue necessary instructions for conclusion of the investigation and the submission of the charge-sheet. With the aforementioned observations and directions, the writ application stands disposed of.

(Anjana Mishra, J) PNM U T