Bijay Kant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.392 of 2019 Arising Out of PS. Case No.-415 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Bijay Kant Jha, Son of Late Vishnu Kant Jha R/o village- Kasrour North, P.SGhanshyampur, Dist- Darbhanga, presently resident of Quarter No. 32, Bapu Nagar colony, Laheria Sarai, Dist- Darbhanga ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Patna

3. The Senior Superintendent of Police, Darbhanga

4. Manoj Kumar, the then Senior superintendent of Police, Darbhanga, presently posted as Senior Superintendent of Police, Muzaffarpur,

5. The Station House Officer, Laheria Sarai Police Station, Laheria Sarai , DistDarbhanga

6. The Investigating Officer of Laheria Sarai Police Station case No. 415 of 2018, Dist- Darbhanga Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sameer Ranjan, Advocate For the Respondent/s :

Mr.Prabhat Kumar Verma, AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 18-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2.

This writ petition has been filed by the petitioner for directing the respondents authorities to conclude the investigation in Laheria Sarai P.S. Case No. 415 of 2018 registered under Sections 457 and 380 of the Indian Penal Code on 24.08.2018 against unknown accused persons. 3.

The contention of the learned counsel for the petitioner is that repeatedly theft is being committed in the area falling

Patna High Court Cr. WJC No.392 of 2019 dt.18-02-2019 2/2 within the Laheria Sarai Police Station, but nothing is being done by the police in order to check the crime. In the case of reported theft in the house of the petitioner, no person has been arrested so far and there is no commitment on the part of the police to complete the investigation of the case. 4.

It is true that a sensitive and committed investigation is the need of the hour. The police cannot sit tight over investigation after institution of first information report for an indefinite period.

5.

Having said so, the writ petition is disposed of with liberty to the petitioner to file a representation before the Superintendent of Police concerned, who shall ensure an early completion of investigation of the case and submission of a report under Section 173 of the Code of Criminal Procedure (for short 'Cr.P.C') before the Court, as the provision prescribed under Section 173(1) of the Cr.P.C clearly states that every investigation shall be completed without unnecessary delay. (Ashwani Kumar Singh, J) Md. S/SKSuman.

AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2019 Transmission Date 23.02.2019