Musmat Shita Devi v. The State Of Bihar Through Director General Of Police, Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.152 of 2020 Arising Out of PS. Case No.-507 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Musmat Shita Devi, aged about 66 years, Female, W/o Late Akhlakh Rai Resident of Village - Khanpura, P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner

Versus

1.

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

The Superintendent of Police, Vaislahli Bihar 3.

S.H.O. of Bidupur P.S., Distt.- Vaishali. Bihar 4.

The Investigating Officer of Bidupur P.S. Case No. 507/19 Dist.- Vaishali. Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate Mrs. Bela Singh, Advocate For the Respondent/s :

Mr. Ruchikar Jha, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-02-2020 The petitioner is an accused in Bidupur P.S. Case No. 507/2019 registered for the offences alleged under Sections 413, 414/34 of the Indian Penal Code. On perusal of the First Information Report it appears that in connection with the loot of gold and ornaments from Muthhoot Finance Company, on certain information police conducted a raid in the house of the accused Dharmendra Rai. In course of raid several ornaments of gold which has been quantified at 3.132.00 gram (3 Kg. 132 gm. & 200 mg.) had been recovered. The petitioner being mother of said Dharmendra Rai has also

Patna High Court CR. WJC No.152 of 2020(3) dt.13-02-2020 2/3 been made an accused in this case. She has been arrested and is presently in custody.

The submission of learned counsel for the petitioner is that this petitioner has been made accused only because she happens to be the mother of the accused Dharmendra Rai and therefore a direction be issued to the respondent Investigating Agency to properly investigate the matter and only upon such investigation a final report be submitted.

Learned counsel for the State submits that at this stage when the matter is still under investigation, there is no reason for this court to issue any direction to investigate the matter in a particular manner or from the point of view of a particular accused.

This court is in agreement with the submission of learned counsel for the State. The investigation of the case is still going on and it is for the Supervising Authority and the Investigating Officer of the case to investigate the matter in the manner they deem fit and proper. In case, the petitioner will have any grievance with the investigation she will have an opportunity to seek her remedy in accordance

Patna High Court CR. WJC No.152 of 2020(3) dt.13-02-2020 3/3 with law after submission of the police final report in the court below. For the present, no direction need be issued in the present writ application.

This Writ Application stands disposed off accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U T