Kanchan Mala @ Kanchan Mala Gupta v. The State Of Bihar Through Its Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.666 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Kanchan Mala @ Kanchan Mala Gupta Wife of Chanchal Gupta, resident of Village-Narsingh Garh, P.S.-Dhalmungar, District-East Singhbhum, Jharkhand .... .... Petitioner.

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Home, Govt. of Bihar, Patna.

3. Director General of Police, Bihar, Patna.

4. Inspector General of Police, Patna Region, Patna, Bihar.

5. Deputy Inspector General of Police, Patna Region, Patna, Bihar.

6. Senior Superintendent of Police, Patna.

7. Superintendent of Police, (City), Patna, Bihar.

8. The SHO, Kadamkuan POlice Station, Patna.

9. Bharat Prasad, S.I.-Cum-Investigating Officer, Kadankuan Police Station, Patna.

10. Deepu Gupta Son of Ashok Gupta @ Ashok Kr. Das, Resident of Road No. I/E, Yadav Niwas, P.S.-Kadamkuan, District-Patna.

.... .... Respondents.

=========================================================== Appearance :

For the Petitioner/s : Mr.Himanshu Kumar Akela, Advocate. For the Respondent/s : Mr. P.N. Sharma, AC to AG. =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date: 28-03-2018 Perused the counter affidavit filed on behalf of the State from which it appears that the steps have been taken for recovery of lady but it has proved futile.

Let the Senior Superintendent of Police, Patna explore the possibility of investigation by constituting a Special Investigation Team (SIT) as one year has already passed but lady has not been recovered as yet.

It is expected that the SIT so constituted would examine every

Patna High Court Cr. WJC No.666 of 2018 dt.28-03-2018 2/ 2 aspect of the matter and do proper investigation and may take help of the petitioner or even the accused persons for the said purpose. So far the issue of notice to the petitioner for his appearance in the police station is concerned, we would not issue direction to the police authority not to do so. However, if the purpose is solved by taking her cooperation at her place of residence itself then every time she may not be required to come to the police station at Bihar as she is residing at Jharkhand. But, if it is required, this Court would not come in way and the Investigating Agency would have a free hand. With the aforesaid direction and observation, this proceeding is closed.

(Dr. Ravi Ranjan, J.) (Prakash Chandra Jaiswal, J.) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date30.03.2018 Transmission Date 30.03.2018