Mukesh Kumar Singh v. The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.648 of 2023 Arising Out of PS. Case No.-284 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Mukesh Kumar Singh S/O Indradeo Prasad Resident Of Village- Koraiya, P.S.- Jharokhar, District- East Champaran.
... ... Petitioner/S
Versus
1.
The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna. 2.
The Director General Of Police, Bihar Patna.
3.
The Superintendent Of Police, East Champaran At Motihari 4.
The Deputy Superintendent Of Police, Sikrahna At Dhaka, East Champaran At Motihari.
5.
The S.H.O. Ghorasahan (JHAROKHAR), Police Station, District- East Champaran At Motihari 6.
The I.O Of Ghorasahan (JHAROKHAR), P.S.- Case No- 284/2021, Dist.- East Champaran At Motihari ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Adv.
For the Respondent/s :
Mr. M. Nasrul Huda Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The present criminal writ application has been filed to complete the investigation in connection with Ghorasahan (Jharokhar) P.S. Case No. 284 of 2021 dated 13.07.2021 lodged under Sections 500, 501 /34 of the I.P.C. read with Section 67 of the I.T. Act. The another relief which the petitioner wants from this Court that an instruction made by the D.I.G., Champaran range, Bettiah to be followed by the Superintendent of Police, East Champaran, Motihari in relating to Ghorasahan (Jharokhar) P.S. Case No. 284 of 2021.
Petitioner is directed to raise the same all the issues
Patna High Court CR. WJC No.648 of 2023(2) dt.04-05-2023 2/2 before the Superintendent of Police, East Champaran at Motihari and this Court is only direct the Superintendent of Police on request of petitioner that a Superior Officer than Superintendent of Police has instructed something to him who ought to respect the said letter.
This Court hopes that the order passed by the Superior Officer shall be complied by the Superintendent of Police, East Champaran, Motihari.
In this view of the matter, the present Criminal Writ Petition is disposed of in the light of order passed in Surendra Singh Vs. State of Bihar and Ors in Cr.WJC No.153 of 2017 with analogous cases decided on 09.09.2022 and petitioner is directed to file representation before the Superintendent of Police, East Champaran at Motihari (Respondent No.3) within four weeks from the date of passing of this order. The Superintendent of Police, East Champaran at Motihari (Respondent No.3) is directed to take necessary steps for completion of fair investigation at the earliest. With the aforesaid direction, the present Cr. Writ Application is hereby disposed off.
(Dr. Anshuman, J.) prakashmani/- U T