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Patna High Court/646/2023disposed

Shushila Devi v. The State Of Bihar Through The Director General Of Police, Bihar, Patna

2023-05-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.646 of 2023 Arising Out of PS. Case No.-348 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Shushila Devi Wife of Late Tuntun Manjhi R/V- Baraghat P.O- Kanti P.SFatehpur Dist- Gaya Bihar ... ... Petitioner/s

Versus

1.

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

The Inspector General of Police, Gaya 3.

The Senior Superintendent of Police, Gaya , Dist- Gaya 4.

The Deputy Superintendent of Police, Bajirganj, Dist- Gaya 5.

The Station House Officer, Fatehpur, P.S, Dist- Gaya 6.

The Assistant Sub Inspector, Fatehpur P.S, Dist- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Adv.

For the Respondent/s :

Mr. Manoj Kumar, AC to GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for petitioner submits that petitioner is informant and has filed the present Criminal Writ Petition seeking direction from the Court that proper investigation may takes place relating to Fatehpur P.S. Case No. 348/2022 lodged under Sections 363, 365, 370, 366A & 34 of the I.P.C. read with Sections 3(i) (r) (s) of SC/ST Act and Section 8 /12 of the POCSO Act.

Learned counsel for the respondents submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar and Ors vide order dated 09.09.2022 passed in Cr.WJC No. 153 of 2017 with analogous cases, a direction was given to

Patna High Court CR. WJC No.646 of 2023(2) dt.04-05-2023 2/2 the petitioners to represent the entire matter before the respective Superintendent of Police and the Superintendent of Police may be directed to take appropriate action in the said matter upon receiving the representation, within a fixed time period.

In this view of the matter, the present Cr. Writ Petitioner 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 and petitioner is directed to file representation before the Superintendent of Police, Gaya (Respondent no.3) within four weeks from the date of passing of this order and the second prayer of the petitioner is that the case may be transferred for investigation to Central Agencies is hereby rejected.

The Superintendent of Police, Gaya (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