Ratneshwar Jha v. The State Of Bihar, Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2816 of 2017 Arising Out of PS. Case No.-100 Year-2015 Thana- RUDRAPUR District- Madhubani ====================================================== Ratneshwar Jha Son of Late Jageshwar Jha, resident of Village- Thadhi, P.S.- Andhrathadhi, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar, Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna 2.

The Superintendent of Police, District- Madhubani. 3.

The Deputy Superintendent of Police, Jhanjharpur, District- Madhubani. 4.

The Officer-in-charge, Rudrapur Police Station, Jhanjharpur, DistrictMadhubani. 5.

The Director, North Bihar Power Distribution Company Ltd., Bidyut Bhawan, Patna.

6.

The Executive Engineer, Electric Supply Division, Jhanjharpur, DistrictMadhubani. 7.

The Junior Engineer, Electric Sub-Station, Andharathadhi, DistrictMadhubani. 8.

Shri Shailendra Choudhary, Son of Late Parmanand Choudhary, Resident of Village- Rudrapur, P.S.- Rudrapur, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Respondent/s :

Mr.Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2023 Heard learned counsel for the parties.

This application has been filed for directing the respondents for further investigation in Rudrapur P.S. Case No. 100/ 2015 and taking action against respondent no. 8. That the reliefs have been prayed:- North Bihar Power Distribution Company Ltd. may be directed to take appropriate action against its own franchisee Sri Shailendra Choudhary.

Patna High Court CR. WJC No.2816 of 2017(3) dt.03-07-2023 2/3 Appropriate Police official may be directed to investigate Rudrapur P.S. Case No. 100/2015 in light of representation given by the petitioner and others. As per prosecution, respondent no. 8 had broken 11 electric polls of village- Thadhi and damaged the aforementioned polls and electric line, helped by Assistant Electric Engineer and Junior Electric Engineer, Andhrathadhi, Md. Sarbar Alam Ansari. This damage was done with intention to take benefit by constructing the same be taking contract. In aforementioned damage villagers of Thadhi village protested against Electric Department as well as local administration and pressure was made for lodging the F.I.R. against accused persons vide Rudrapur P.S. Case No. 100/15.

The only grievance of the petitioners are that police is shielding the guilty and has submitted the final form finding the case to be true but has not able to find out the real culprit. Learned counsel for the petitioners submit that he can lead the police to the real culprit which may lead to the recovery of stolen materials also.

In this circumstances, the Station House Officer, Rudrapur Police Station, Madhubani is directed to file an application for further investigation in the court of learned

Patna High Court CR. WJC No.2816 of 2017(3) dt.03-07-2023 3/3 Magistrate and thereafter further investigate the case in view of the statement of the petitioner and will move appropriately in accordance with law if any evidence comes against any person found to be involved in this case.

With the aforesaid observation, this application is disposed of.

(Sandeep Kumar, J) Ranjeet/- U T