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Patna High CourtCR. WJC/275/2016disposed

Prem Kumar v. The State Of Bihar, Through Principal Secretary, Ministry Of Home Affairs, Govt. Of Bihar, Patna An

2016-07-19The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.275 of 2016 ====================================================== Prem Kumar .... .... Petitioner/s

Versus

The State of Bihar, Through Principal Secretary, Ministry of Home Affairs, Govt. of Bihar, Patna & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Ashok Kumar Keshri (AAG-XI) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 19-07-2016 Heard Mr. Sanjay Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. Ashok Kumar Keshri, learned Additional Advocate General No.XI, appearing on behalf of the State-respondents.

With the help of this petition, made under Articles 226 and 227 of the Constitution of India, the petitioner herein, who is the informant of Khagaul P.S. Case No.137 of 2015, under Sections 323/ 341/342/379/384/307/504 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act, sought for issuance of a direction to the respondents concerned to arrest respondent Nos.6 and 7, namely, Ashutosh Kumar and Jai Kumar respectively, who are accused in the case aforementioned.

From the counter affidavit, which has been filed by the State-respondents, it surfaces that upon investigation, police has already submitted the charge sheet. It is, however, submitted

Patna High Court Cr. WJC No.275 of 2016 (4) dt.19-07-2016 2/2 by the learned Counsel for the petitioner that the charge sheet, which is claimed to have been submitted to the learned Chief Judicial Magistrate, Patna, has not yet been received by the learned Chief Judicial Magistrate, Patna In view of the above and in the interest of justice, it is hereby directed that respondent No.3, namely, the Superintendent of Police, Patna, shall enquire into the grievances raised in the writ petition and do the needful in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of.

(I.A. Ansari, ACJ) K.C.jha/- U T