Mahesh Rai And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.182 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================

1. Mahesh Rai

2. Sanjiv Ranjan @ Mukesh Rai Both are S/o Lakshman Rai, Resident of Village-Ram Garha, P.S.- Awatar Nagar, District- Saran at Chapra.

... .... Petitioners

Versus

1. The State of Bihar.

2. The D.G.P., Patna, Bihar.

3. The I.G. Zonal, Muzaffarpur.

4. The Superintendent of Police, Saran at Chapra.

5. The District Superintendent of Police, Saran at Chapra.

6. The Officer Incharge, Awtar Nagar Police Station, Chapra. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Respondent/s : Mr. Manindra Kishore Singh, SC-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 01-09-2015 The present criminal writ application has been filed under Articles 226 and 227 of the Constitution for a direction to the respondent no. 4 to investigate the case registered vide Awatar Nagar P.S. Case No. 109 of 2014 registered under Sections 302, 120 and 307 read with 34 of the Indian Penal Code. The petitioners have been made accused in the aforesaid case. It would appear from the record that after completion of investigation the police have already submitted charge-sheet

Patna High Court Cr. WJC No.182 of 2015 dt.01-09-2015 2 / 2 against the accused Nagendra Rai, Indal Rai and Satyendra Rai @ Satya and investigation is still continuing against the petitioners. Learned counsel for the petitioners has submitted that the date of occurrence is 23.08.2014 and till date the investigation of the case has not been completed.

On the other hand, learned counsel for the State has submitted that the investigating agency is taking all possible steps to conclude the investigation at the earliest. He has submitted that since the offence is under Section 302 IPC, the matter requires indepth inquiry. He has submitted that petitioner no. 2 was apprehended at Chandigarh in connection with another criminal case. The police have come to know about it and further investigation in the matter is going on.

Regard being had to the facts and circumstances of the case, I do not find any merit in this application. Accordingly, the application is dismissed.

However, the investigating agency would take all possible steps to conclude the investigation as early as possible. (Ashwani Kumar Singh, J.) Sanjeet/- U T