Lal Bahadur Singh 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.227 of 2015 ====================================================== Lal Bahadur Singh S/o Late Surendra Prasad Singh, resident of villageMachchargawan, P.s.- Yogapatti, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The District Magistrate, West Champaran at Bettiah

4. The Superintendent of Police, West Champaran at Bettiah

5. The Sub-Divisional Police Officer, Bettiah Sadar, West Champaran

6. The District Education Officer, West Champaran at Bettiah

7. The Block Education Officer, Yogapatti, West Champaran

8. The Officer-in-Charge-cum-S.H.O., Yogapatti P.S., West Champaran

9. The Investigating Officer, Yogapatti P.S. Case No. 163/2014, West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Lochan, Advocate For the Respondent/s : Mr. anjeev Kumar, A.C. to S.C. I ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-09-2015 In the present writ petition, the petitioner has made the following prayer in paragraph-1:- I) " For issuance of an appropriate writ in the nature of Mandamus, Commanding & directing the respondent authorities particularly, the investigating officer (respondent no. 9) to investigate the case in accordance with law and arrest the accused persons in connection with Yogapatti P.S. Case no. 163 of 2014 dated 28.06.2014 registered for the offences

Patna High Court Cr. WJC No.227 of 2015 (2) dt.03-09-2015 2 / 3 under Sections 420/406/408/409/175/167 of the Indian Penal Code, as even after lapse of more than 8 months from the date of institution of the F.I.R., investigation has not been commenced as yet in connivance with the accused persons.

II) For issuance of an appropriate writ in the nature of Mandamus, Commanding & directing the respondent authorities to complete the investigation of the case at the earliest & submit chargesheet/final form in accordance with law. III) For issuance of an appropriate writ in the nature of mandamus, commanding & directing the police authorities to provide adequate security to the petitioner because the aforesaid P.S. case was instituted on the basis of complaint made by the petitioner and the accused persons, who are having political protection, are threatening the petitioner to dire consequences.

IV) For issuance of any other appropriate writ/writs, order/orders, direction/directions which may deem fit & proper under the facts & circumstances of the case."

Patna High Court Cr. WJC No.227 of 2015 (2) dt.03-09-2015 3 / 3 Apparently, one Niteyshwar Pathak is the informant of Yogapatti P. S. Case no. 163 of 2014 registered on 28.6.2014 under Sections 420, 406, 408, 409, 175 and 167 of the Indian Penal Code. The petitioner is neither the informant nor the accused in the case. He has got no locus in the matter. In that view of the matter, I do not find any merit in the application. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J) sudip/- U T