Sunil Kumar v. The State Of Bihar Through Its The Director General Of Police, Bihar Secretariate, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.680 of 2016 ======================================================

1. Sunil Kumar, Son of Rajendra Prasad, Resident of Mohalla- Patwa Toli 'Kirana Dukan' Ward no. 18 P.O. and P.S. Daud Nagar, DistrictAurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through its The Director General of Police, Bihar Secretariate, Patna.

2. The Principal Home Secretary, Bihar Secreteriate, Patna.

3. The D.I.G., Champaran Range, West Champaran, Bettiah.

4. The Superintendent of Police, West Champaran, Bettiah.

5. The S.H.O., Sahodra Police Station, District- Bettiah. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataul Haque, Adv. For the Respondent/s : Mr. Sunil Kr. Mandal, SC-3. Mr. Arjun Prasad, AC to SC-3.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 17-09-2016 With the help of this application, made under Articles 226 and 227 of the Constitution of India, the petitioner has submitted to the effect that though he lodged an information with regard to the commission of a cognizable offence, under Section 409 of the Indian Penal Code, the police have not registered any case.

None has appeared on behalf of the petitioner. However, Mr. Sunil Kumar Mandal, learned Standing Counsel No.3, appearing on behalf of the State-respondents, is present and he submits that pursuant to the information, which had been lodged by the petitioner, alleging commission of offence under

Patna High Court Cr. WJC No.680 of 2016 (2) dt.17-09-2016 2/2 Section 409 of the Indian Penal Code, Sohra P.S. Case No.54 of 2016 has already been registered on 02.09.2016. It is clear from the date of registration of the First Information Report that the First Information Report has been belatedly registered and no reason for the delay has been assigned by the police. This is a serious matter and, therefore, the Superintendent of Police, West Champaran, Bettiah, is hereby directed to look into the matter and take appropriate action(s) against the erring police official(s). The action taken shall be reported to the Registrar General of this Court. The whole exercise, so directed, shall be completed within six weeks from today.

Furnish a copy of this order to the learned Government Counsel.

Send forthwith, by FAX, a copy of this order to the Superintendent of Police, West Champaran, Bettiah. In terms of the above observations and directions, this application stands disposed of.

(I.A. Ansari, CJ) K.C.jha/- U T