Anita Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.665 of 2016 Arising Out of Kotwali PS.Case No. -270 of 2016 District- PATNA ===========================================================
1. Anita Kumari Wife of Naresh Roy At Gorigama, P.O. + P.S. Mahua, District - Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Director General of Police, Govt. of Bihar, Patna
3. The Senior Superintendent of Police, Patna
4. The Additional Superintendent of Police, STF, Patna
5. The Superintendent of Police, Vaishali at Hajipur
6. The Officer - in - Charge, Police Station Vaishali .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Respondent State : Mr. Ramadhar Singh, GP 25 =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 02-12-2016 In the light of the order dated 01.12.2016, the Additional Superintendent of Police, Phulwarisharif, Patna, who is Investigating Officer of Kotwali P.S. Case No. 270 of 2016 is personally present in Court.
The places of occurrence of the said case are Bihar School Examination Board, Patna and Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali. The petitioner in the present writ application, which has been filed under Articles 226 and 227 of the Constitution of India, is an employee of Bishun Roy Teachers Training College, Kiratpur
Patna High Court Cr. WJC No.665 of 2016 dt.02-12-2016 Rajaram, Bhagwanpur, Vaishali.
It has been asserted that the said Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali has different campus from that of Bishun Roy College. In course of investigation being conducted by the Police, Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali has been sealed. It is the grievance of the petitioner that Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali has been put under lock and key by the police without any valid reason. A counter affidavit has been filed on behalf of the respondent State of Bihar denying the allegation that Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali has been put under lock by the police.
The Investigating Officer of this case has also informed this Court that the Police have not sealed the premises of the said Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali. He has also stated that in course of enquiry, investigation or search, no one came forward to make a complaint that any area belonging to Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali was being searched or sealed.
In such circumstance, no order need be passed in the present proceeding since there is complete denial by the police of having
Patna High Court Cr. WJC No.665 of 2016 dt.02-12-2016 sealed the premises of Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali.
The Court does not oppose of filing of the present application by an employee of Bishun Roy Teachers Training College, Kiratpur Rajaram, Bhagwanpur, Vaishali, seeking direction as noted above. Nothing could have stopped the office bearers of the Governing body of the college from having approached this Court for the reliefs sought for in the present application. However, in the facts and circumstances of the present case, this writ application stands disposed of as having become infructuous.
The personal appearance of Additional Superintendent of Police, Phulwarisharif, Patna, who is Investigating Officer of Kotwali P.S. Case No. 270 of 2016 is hereby dispensed with. (Chakradhari Sharan Singh, J) A.I./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2016 Transmission Date