Harida Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.492 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- KATIHAR =========================================================== Harida Khatoon wife of Late Md. Yunush, resident of village- Sohra Dangi (Kumaripur), P.S.- Manihari, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police Bihar, Patna.

3. The Suprintendent of Police, Katihar.

4. The Investigating Officer of Manihari P.S. Case No. 39/2014 P.S. Manihari, District- Katihar.

5. Md. Hatim Ali

6. Nasim Ali

7. Mustafa Ali

8. Nawab Ali

9. Sabbir Ali 5 to 9 are sons of Ibrahim

10. Hajrat Ali son of Late Rahman

11. Sikendra Ali son of Hajrat Ali

12. Yusuf Ali son of Hajrat Ali Respondent no. 5 to 12 are resident of village- Sohradangi, P.S.- Manihari, District- Katihar.

13. Md. Majharul son of Izrail

14. Mafujuddin son of Ansur Rahman Respondent nos. 13 and 14 are resident of village- Ratanpur, P.S. - Mansahi, District- Katihar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Respondent/s : Mr.Harish Kumar, G.P.-32 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-02-2015 Being aggrieved by slow pace of investigation in connection

Patna High Court Cr. WJC No.492 of 2014 dt.04-02-2015 2/3 with Manihari P.S. Case No.39 of 2014, the petitioner, who is informant of the said case, has approached this Court by filing an application under Articles 226 and 227 of the Constitution of India with a prayer to direct the respondents to investigate the case properly.

Learned counsel for the petitioner has submitted that despite lapse of about a year, the investigating agency has not concluded investigation of the case. He submits that till date accused persons have not been arrested.

On the other hand, learned counsel for the State submits that the investigation of the case is being conducted in a fair and impartial manner. Upon instructions received from the respondents, he submits that in course of investigation certain materials have been collected against the accused persons. Though the police are making efforts to apprehend them but the accused persons are absconding. On the requisition made by the investigating officer of the case, processes under sections 82 and 83 of the Code of Criminal Procedure have been issued against the accused persons.

Having regard to the facts and circumstances of the case, I find no reason to doubt the contentions made by the learned counsel for the State. It is expected that the investigating officer would be sensitive to the investigation of the case and he would submit his

Patna High Court Cr. WJC No.492 of 2014 dt.04-02-2015 3/3 report under section 173(2) of the Code of Criminal Procedure in the court as early as possible.

With these observations, the application is disposed of. (Ashwani Kumar Singh, J) Md.S./- U T