Kailashpati Devi v. The State Of Bihar, Through The Principal Secretary Deptt. Of Home (Police), Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.679 of 2019 Arising Out of PS. Case No.-800 Year-2018 Thana- DANAPUR District- Patna ====================================================== KAILASHPATI DEVI Daughter of Late Gaya Singh and wife of Shri Bir Bahadur Singh Resident of West Judges Colony, Road No. 04, Royal City, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar, Through The Principal Secretary Deptt. Of Home (POLICE), Govt. Of Bihar, Patna.

2.

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

The Inspector General of Police, Central Region, Patna. Patna. 4.

The Deputy Inspector General of Police, Central Range, Patna. Patna. 5.

The Senior Superintendent of Police, Patna. Patna. 6.

The Superintendent of Police (West), Patna. Patna. 7.

The Station House Officer, Danapur, District- Patna. District- Patna. 8.

Shri Satish Kumar Singh Presently posted as A.S.I. at Danapur PoliceStation and entrusted as Investigating Officer of Danapur P.S. Case No. 800/2018, dated 21-11-2018 9.

Shri Yagyanand Pandey Son of Late Ram Asray Pandey Resident of Chandi English, P.S.- Manjhauli, District- Rohtas.

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

For the Petitioner/s :

Mr. Ranjit Kumar Singh For the Respondent/s :

Mr. Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2023 Heard learned counsel for the parties.

This application is filed for quashing of the F.I.R. vide Danapur P.S. Case No. 800/2018, corresponding to G.R. No. 3845/2018 registered for the offences under sections 147/ 148/ 149/ 406/ 420/448/467/468/386/327 read with section 34 of the Indian Penal Code.

Patna High Court CR. WJC No.679 of 2019(6) dt.04-04-2023 2/2 Learned counsel for the petitioner submits that during investigation it has come that the respondent no. 9 is a fake person. If this is true the police will submit an appropriate report in the case, no useful purposes will be served by keeping the case pending.

The stay order dated 23.04.2019 is vacated.

The police is directed to conclude the investigation in accordance with law and file the police report under section 173 Cr.P.C. within three months from today.

This order be communicated to the Senior Superintendent of Police, Patna through FAX for its compliance forthwith. This Court has not expressed any opinion on the merit of the case.

With the aforesaid observation, this application is disposed of.

(Sandeep Kumar, J) Ranjeet/- U T