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Patna High CourtCR. WJC/543/2023disposed

Sanjay Kumar Singh v. The State Of Bihar, Through The Director General Of Police, Bihar, Patna.

2023-05-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.543 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- RAJIVNAGAR District- Patna ====================================================== Sanjay Kumar Singh S/O Rajnath Singh R/O Vill- Derdh Gao, P.S- Dawath, Distt.- Rohtas At Present Ghurdaur Road Shivnandan Nagar Near Bihod Singh Talab P.S- Rajeev Nagar Dist Patna ... ... Petitioner/S

Versus

1.

The State Of Bihar, Through The Director General Of Police, Bihar, Patna. 2.

The Director General Of Police, Bihar, Patna. 3.

The Zonal Inspector General Of Police, Patna. 4.

The D.I.G (Central Range), Patna.

5.

City S.P. (Central), Patna.

6.

The Senior Superintendent Of Police, Patna.

7.

The Deputy S.P. (Law And Order), Kotwali, Patna Kotwali, Patna. 8.

The Officer-In-Charge, Rajeev Nagar Police Station Rajeev Nagar Police Station, Distt.- Patna.

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

For the Petitioner/s :

Mr. Satyendra Narayan, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Counsel for the petitioner submits that the present Cr. Writ application has been filed for issuance of writ/order/direction commanding the Respondents Police authorities to independently enquire about the case and initiate proper actions against the accused persons, involved in the murder of the brother of the petitioner for which Rajeev Nagar P.S. Case No.419 of 2022 dated 07.08.2022, under Section 365 of the I.P.C. as the petitioner has apprehension that the enquiry

Patna High Court CR. WJC No.543 of 2023(2) dt.03-05-2023 2/2 officer, in collusion of the accused persons has not enquired the case properly, therefore, even after expiry of more than four months, neither the police has submitted charge sheet before the learned A.C.J.M.II, Patna where the case is pending nor arrested the real accused in this case even after recovery of dead body of the deceased, his case and CDR of the accused namely Md. Tavir Hayat and Dr. Jayed Ahmed Khan.

After some arguments, petitioner has been granted liberty to represent before the Senior Superintendent of Police, Patna in the light of Surendra Singh Vs. State of Bihar & Ors. vide order dated 09.09.2022 passed in Cr. W.J.C. No. 153 of 2017 with analogous cases, who upon going through the materials provided by the informant petitioner, shall take necessary decision and shall direct the I.O. to do the needful so that proper action be taken against the culprits/offenders of the crime, within fixed span of time.

With the aforesaid direction, this Cr. Writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U T