Kameshwar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.785 of 2016 ======================================================

1. Kameshwar Yadav, S/o Late Nandlal Yadav, R/o Village+ P.O.- Patuaha, P.S.+ District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Director General of Police Bihar, Patna

3. D.I.G. of Police Koshi Range, Saharsa.

4. Inspector General of Police, Darbhanga Range, Saharsa.

5. Superintendent of Police Crime Investigation Department, Bihar, Patna.

6. Superintendent of Police, Saharsa.

7. Officer-in-Charge, Saharsa, Sadar, P.S.- Saharsa. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate Mr. Arun Kumar Sinha, Advocate For the Respondent/s : Md. Nadim Seraj(GP5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 30-08-2016 Heard Mr. Shiva Shankar Sharma, learned Counsel, appearing on behalf of the petitioner, and Md. Nadim Seraj, learned Government Pleader No.5, appearing on behalf of the State-respondents.

The grievance of the petitioner is that police has submitted charge sheet against the petitioner in connection with Saharsa Sadar Police Case No.19 of 2015 without effectively completing the investigation. It is the petitioner's case that no cognizance, on any of the offence, has yet been taken by the learned Jurisdictional Magistrate.

In view of the above and in the interest of justice, the application is hereby disposed of as withdrawn with liberty

Patna High Court Cr. WJC No.785 of 2016 (2) dt.30-08-2016 2/2 granted to the petitioner to apply to the learned Jurisdictional Magistrate stating that before charge sheet is accepted and the cognizance of any offence is taken, the case needs further investigation, and necessary order be passed accordingly. (I.A. Ansari,CJ) Mkr./- U T