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Patna High CourtCR. WJC/695/2016disposed

Anjil Kumar And ANR v. The State Of Bihar Through The Secretary Home Police, Govt. Of Bihar, Old Secretariat, Patna And Or

2016-08-29The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.695 of 2016 ====================================================== Anjil Kumar & Anr .... .... Petitioner/s

Versus

The State of Bihar Through The Secretary Home (police), Govt. of Bihar, Old Secretariat, Patna & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Jha, Advocate For the Respondent/s : Mr. Manoj Kumar AC to SC 12. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 29-08-2016 Heard Mr. Gajendra Kumar Jha, learned Counsel for the petitioners, and Mr. Manoj Kumar, learned Assistant Counsel to Standing Counsel No. 12.

The petitioners lodged a First Information Report with the Police alleging that they had been thrown out of their rented premises and that their properties have been stolen and they have been assaulted. Based on this information, a Police Case, being Alamganj P.S. Case No. 117 of 2016, dated 15.04.2016, was registered under Sections 452, 341, 323, 379, 426, 307/34 of the Indian Penal Code.

With the help of this writ petition, made under Article 226 of the Constitution of India, the petitioners allege that the investigation is not being conducted effectively by the police. No explanation has, however, been offered, when asked by this Court, as to why the petitioners, who were, according to their own

Patna High Court Cr. WJC No.695 of 2016 (3) dt.29-08-2016 2/2 saying, witnesses to the alleged occurrence, have not filed their complaint.

In view of the above, this Court is not inclined to interfere with the investigation at this stage. In the result, the application is dismissed with the liberty granted to the petitioners to approach this Court with appropriate application, in future, if situation so warrants and/or take recourse to such provisions of law as may be permissible (I.A. Ansari, CJ) sunil/- U