Ravishankar Prasad v. The State Of Bihar, Through Deputy Inspector General, Sahabad Head Quarter, Dehri-On-Sone, District
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1458 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -Ara Nawada District- BHOJPUR ====================================================== Diwakar Kumar @ Diwakar Prasad Son of Ravishankar Prasad resident of Mohalla - Anaith, Police Station - Ara Nawada, District - Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar through Deputy Inspector General, Sahabad Head Quarter, Dehri- On- Sone District- Rohtas.
2. The Superintendent of Police, Ara, Bhojpur.
3. The Deputy Superintendent of Police, Town, Ara, Bhojpur.
4. The Officer-in-Charge, Ara Nawada Police Station, District - Bhojpur.
5. Sri Shambhu Kumar, Investigating Officer of Ara Nawada Police Station Case No. 35/18, Police Station - Ara Nawada, District - Bhojpur.
6. The District Transport Officer, Ara, Bhojpur. .... .... Respondent/s ====================================================== with Criminal Writ Jurisdiction Case No.1457 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -Ara Nawada District- BHOJPUR ====================================================== Ravishankar Prasad, Son of Late Kashinath Prasad, Resident of MohallaAnaith, Police Station- Ara Nawada, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar, Through Deputy Inspector General, Sahabad Head Quarter, Dehri-on-sone, District- Rohtas.
2. The Superintendent of Police, Ara, Bhojpur.
3. The Deputy Superintendent of Police, Town, Ara, Bhojpur.
4. The Officer-in-Charge, Ara Nawada Police Station, District- Bhojpur.
5. Sri Shambhu Kumar, Investigating Officer of Ara Nawada Police Station Case No. 35/18, Police Station- Ara Nawada, District- Bhojpur.
6. The District Transport Officer, Ara, Bhojpur. .... .... Respondent/s ====================================================== Appearance :
(In Cr. WJC No.1458 of 2018) For the Petitioner/s : Mr. Rajendra Nath Sinha For the Respondent/s : Mr. Md. Nadeem Seraj (Gp5) (In Cr. WJC No.1457 of 2018) For the Petitioner/s : Mr. Rajendra Nath Sinha For the Respondent/s : Mr. Manish Kumar (Gp 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
Patna High Court Cr. WJC No.1458 of 2018 (4) dt.18-07-2018 18-07-2018 Pursuant to the order dated 11.07.2018, the officer in-charge of the police station Ara Nawada and the investigating officer of the case are present in person. They have filed a supplementary counter affidavit stating therein that now the required report has been submitted in the court of learned Chief Judicial Magistrate, Bhojpur (Ara). A copy of the report dated 14.07.2018 has been brought on record as Annexure-A to the affidavit sworn by Mr. Shambhu Kumar, the investigating officer. This Court has expressed its displeasure to the concerned officers who have apparently delayed the submission of the report for no plausible reason. At this stage, however, finding that the report has already been submitted and now there is no impediment for the court below to pass an appropriate order on the application of the petitioners seeking release of the vehicles in question, this Court is not willing to proceed further with the present writ applications.
In the facts and circumstances, both the writ applications are being disposed off with a direction to the court below to consider the application filed by the petitioners of these two writ applications for release of their respective vehicles in the light of the report submitted by the investigating officer. It is expected that the court below shall pass an
Patna High Court Cr. WJC No.1458 of 2018 (4) dt.18-07-2018 appropriate order within a period of one week from the date of receipt/production of a copy of this order.
The personal appearance of the officer in-charge and the investigating officer is dispensed with.
(Rajeev Ranjan Prasad, J) Arvind/- U T