Patna High CourtCR. MISC./45460/2015disposed

Sri Niraj Kumar v. State Of Bihar And ANR

2020-11-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45460 of 2015 Arising Out of PS. Case No.-388 Year-2015 Thana- PHULWARISHARIF District- Patna ============================================== Sri Niraj Kumar, son of Sri Chandrakant Kumar, resident of C/o Sri Sunil Kumar, Mohalla - New Damaria Colony, Gardanibagh, Road No. 21, P.S. - Gardanigabh, District - Patna, at present Branch Manager of Central Bank of India, Phulwarishariff Branch, P.O. + P.S. - Phulwariff, District - Patna.

... ... Petitioner

Versus

1. State of Bihar

2. Saima Samreen, wife of Md. Samsad Alam, resident of Mohalla Minhaz Nagar, P.O. + P.S. - Phulwarishariff, District - Patna. ... ... Opposite Parties ============================================== Appearance :

For the Petitioner/s :

Mr.Krishna Mohan Prasad, Adv.

For the Opposite Party/s :

Mr.J.Upadhyay, App ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

This is an application seeking quashing of the F.I.R. of Phulwarishariff P.S. Case No. 388 of 2015 dated 29.03.2015 instituted for the offence under Sections 409 and 420 of the Indian Penal Code.

Since it is a case of the year 2015, the investigation of this case ought to have been completed by now.

In order to ascertain the stage of investigation, this

Patna High Court CR. MISC. No.45460 of 2015(3) dt.04-11-2020 2/2 Court had, on 28.08.2020 called for a report about the current status of the case. The report has since been received. The case before the court is pending for submission of chargesheet /final form.

The investigation ought not to have been kept pending for five years.

Under such circumstances, this Court directs the Investigating Agency to complete the investigation and submit the report, preferably within a period of three months from today.

The petition stands disposed of with the aforesaid observation.

(Ashutosh Kumar, J) sunilkumar/- U T