Naushad Ali v. The State Of Bihar Through Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.631 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- BARHARIA District- Siwan ====================================================== NAUSHAD ALI S/O- MAIMAL HAQUE Village- Ijmali Ps- Barhariya Chowk Dist- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar through Director General of Police, Bihar, Patna Bihar 2.

The Deputy Inspector General of Police, Saran Range, Chapra Bihar 3.

The Superintendent of Police, Siwan Bihar 4.

The Police Inspector cum SHO Barharia Siwan Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kr. Pandey Mr. Abhishek Kumar Verma Mr.Ravi Bhushan For the Respondent/s :

Mr.Prabhat Kumar Verma, AAG 3 Mr. Suman Kr. Jha, AC to AAG 3 For the Informant :

Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2025 Heard the parties.

2. The contention of the petitioner is that he was not present at the place of occurrence but the charge-sheet has been submitted in this case without verifying this fact.

3. In the opinion of this Court, if the petitioner has such defence then he should have moved to the Superintendent of Police concerned who could have verified the same during investigation.

4. This writ application is taken up after the chargesheet is submitted, still in the interest of justice, this application

Patna High Court CR. WJC No.631 of 2023(2) dt.07-07-2025 2/2 is disposed of with a liberty to the petitioner to approach the Superintendent of Police, Siwan about his alibi and the Superintendent of Police, Siwan will direct the I.O. of the case to move for further investigation and after verifying the issues raised by the petitioner, will file a fresh report in the Court below.

5. If the representation of filed by the petitioner within one week from today, then the aforesaid exercise must be completed within the next two months.

6. With the aforesaid observation/direction, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U