Prof. Janardan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.659 of 2016 ======================================================

1. Prof. Janardan Singh Son of late Parmeshwari Singh Resident of Savitri Bhawan, Ward No. 17, Panchwati Gangjala, P.S.: Saharsa District saharsa. .... .... Petitioner

Versus

1. The State of Bihar

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

3. The Superintendent of Police, (S.P) Saharsa.

4. The S.D.P.O. Sadar Saharsa.

5. The S.H.O. Sadar Thana Saharsa.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Azeem, Advocate Mr. Shyama Kant Singh, Advocate For the Respondent/s : Mr. Sanjay Kr. Ojha, AC to G P 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 29-08-2016 Heard Mr. Azeem, learned Counsel for the petitioner, and Mr. S.K.Ojha, learned AC to GP 7, appearing for the State respondents.

The grievance of the petitioner is that the statements of the petitioner, namely, Prof. Janardan Singh, and his son, namely, Nitesh Nilendu, who are claimed to be witnesses to the occurrence, have not been recorded, under Section 164 of the Code of Criminal Procedure, by the Investigating Officer, Sadar Thana, Saharsa, in Saharsa Sadar P.S. Case No. 999 of 2015, dated 04.12.2015, registered under Sections 302/307/34 of the Indian Penal Code, despite directions given, in this regard, under the Supervision Note of S.D.P.O., Sadar, Saharsa, bearing memo No.

Patna High Court Cr. WJC No.659 of 2016 (2) dt.29-08-2016 431/2016, dated 20.03.2016, and the Superintendent of Police, Saharsa, bearing memo No. 1143, dated 28.03.2016. Having perused the materials on record and the order, which has been passed by respondents, this Court is of the view that this writ petition needs to be closed with appropriate directions to respondent No.3, namely, the Superintendent of Police, Saharsa, and the respondent No.5, namely, the S.H.O., Sadar Police Station, in the district of Saharsa. The Investigating Officer of Sadar Police Station, Saharsa, is hereby directed to record the statements of the petitioner, namely, Prof. Janardan Singh, and his son, namely, Nitesh Nilendu, and carry out the investigation of Sadar P.S. Case No.

999 of 2015 properly and expeditiously and bring the same to its logical conclusion expeditiously in accordance with law. The Superintendent of Police, Saharsa, shall ensure that the statements of the above-named persons are recorded and the investigation of the case aforementioned proceeds in accordance with law and is concluded expeditiously.

With the above observations and directions, this writ application is disposed of.

(I.A. Ansari,CJ) A.I./- U