Prabhash Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4675 of 2015 ======================================================

1. Prabhash Kumar Singh, S/o Kameshwar Prasad Singh, Resident of Village+P.O- Panchgachhia, P.S.- Bihra, Distt- Saharsa. .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Chief Secretary, Government of Bihar, Patna.

3. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

4. The District Magistrate, Saharsa.

5. The Deputy Development Commissioner, Saharsa.

6. The Sub-Divisional officer, Sadar, Saharsa.

7. The Block Developmet Officer, Sattar Kattaiya, District- Saharsa.

8. Raushan Kumar Singh, S/o Madan Singh, Mukhiya of Gram Panchayat Raj, Panchgachhiya Gram Panchayat, Block-Sattar Kattiya, DisttSaharsa.

9. Union of India through the Chief Post Master General, Bihar, Patna.

10. The Post Master, Panchgachhiya Post office, Block-Sattar Kattiya, Distt- Saharsa.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar For the Respondent/s : Mr. Ashok Kumar Choudhary- AAG-13 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 19-01-2016 Heard Mr. Brajesh Kumar, learned counsel for the petitioner, and Mr. Ashok Kumar Chaudhary, learned AAG-13, appearing for the respondents.

Having perused the pleadings in the writ petition, which has been filed in the nature of PIL, under Article 226 of the Constitution of India and upon hearing learned counsel for the

Patna High Court CWJC No.4675 of 2015 (3) dt.19-01-2016 parties concerned, we are of the view that until the time the accusations, which have been made by the petitioner against the private respondents are, upon investigation, found to be true, it would be inappropriate for us to entertain this PIL inasmuch as any interference, at this stage, is likely to influence the process of investigation would be highly improper.

We, therefore, in the interest of justice, dispose of this PIL with directions to the Superintendent of Police, Saharsa, to ensure effective, impartial and expeditious investigation into the allegations made into Bihra P.S. Case No. 172 of 2014, dated 27.10.2014.

With the observations and directions, this writ application shall stand disposed of.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U