Kuldeep Prasad Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.687 of 2014 ======================================================
1. Kuldeep Prasad Yadav son of Late Foudi Yadav, resident of village - Jamuawan, P.S.- Nawada, District - Nawada .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Collector, Nawada, District - Nawada
3. The Superintendent of Police, Nawada, District - Nawada
4. The Sub - Divisional Police Officer, Nawada, District - Nawada
5. The Offcer- in- charge, Police Station Nawada, District - Nawada .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Respondent/s : Mr. U.S.S.Singh, G.P.-1 : Mr. Rakesh Kumar Chandran, A.C. to G.P.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-03-2015 The instant writ petition has been filed for taking appropriate legal action against the accused persons named in Nawada Town P.S. Case No.143 of 2014 dated 20th March, 2014 instituted on the basis of a report lodged by the petitioner. Within four months of the institution of the FIR, the petitioner has approached this Court under Articles 226 and 227 of the Constitution of India seeking direction to be issued to the respondent-authorities to take appropriate action against the accused persons named in the first information report. The matter is still under investigation. To hold investigation into a cognizable offence is the bounden duty of the
Patna High Court Cr. WJC No.687 of 2014 (3) dt.30-03-2015 2/2 police. At this stage, the Court has no role to play. In the counter affidavit filed on behalf of the State, it has been contended that the matter has already been transferred to the Criminal Branch of the State Police and investigation is being conducted in a fair and impartial manner. At the initial stage of investigation, I am not inclined to entertain this application.
Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J) Md.S./- U T