Kameshwar Narayan Singh v. The State Of Bihar Through The Secretary, Home Department, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.448 of 2022 Arising Out of PS. Case No.-169 Year-2020 Thana- PATAHI District- East Champaran ====================================================== KAMESHWAR NARAYAN SINGH SON OF DHANESHWAR SINGH R/O VILLAGE- DUMARI, WARD NO.-2, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN ... ... Petitioner
Versus
1.
THE STATE OF BIHAR THROUGH THE SECRETARY, HOME DEPARTMENT, BIHAR, PATNA BIHAR 2.
THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA BIHAR 3.
THE INSPECTOR GENERAL OF POLICE, TIRHUT RANGE, MUZAFFRPUR BIHAR 4.
THE DEPUTY INSPECTOR GENERAL OF POLICE, EAST CHAMPARAN AT MOTIHARI BIHAR 5.
THE SENIOR SUPERINTENDENT OF POLICE, EAST CHAMPARAN AT MOTIHARI BIHAR 6.
THE DEPUTY SUPERINTENDENT OF POLICE, EAST CHAMPARAN, MOTIHARI BIHAR 7.
THE STATION HOUSE OFFICER, PATAHI P.S., DISTRICT- EAST CHAMPARAN BIHAR 8.
THE INVESTIGATING OFFICER, SRI S.N.SHARMA, S.I. OF POLICE, PATAHI P. S., DISTT.- EAST CHAMPARAN BIHAR 9.
CHANDAN KUMAR SINGH SON OF NOT KNOWN R/O VILLAGEDUMARI BAIJU, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN 10.
AMIR SINGH SON OF LATE BAHADUR SINGH R/O VILLAGEDUMARI BAIJU, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN 11.
MUKESH KUMAR SINGH SON OF AMIR SINGH R/O VILLAGEDUMARI BAIJU, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN 12.
LAILA DEVI WIFE OF AMIR SINGH R/O VILLAGE- DUMARI BAIJU, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN 13.
SIYA DEVI WIFE OF MUKESH KUMAR SINGH R/O VILLAGEDUMARI BAIJU, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Respondent/s :
Mr.Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE KHATIM REZA
Patna High Court CR. WJC No.448 of 2022(3) dt.23-06-2022 2/3 ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 23-06-2022 The petitioner is said to have lodged a First Information Report giving rise to Patahi P.S. Case No. 169 of 2020 disclosing commission of offences punishable under Sections 363/366(A)/34 of the Indian Penal Code. In the said First Information Report, respondents No. 9 to 13 have been made accused.
This application under Article 226 of the Constitution of India has been filed seeking issuance of a writ in the nature of habeas corpus directing the respondent authorities to produce the victim girl, who, according to the petitioner, has been kidnapped by respondents No. 9 to 13.
In our opinion, this writ application under Article 226 of the Constitution of India seeking reliefs, as noted above, is misconceived.
Learned counsel appearing on behalf of the petitioner has submitted that the police have failed to duly investigate the case and recover the victim.
Be that as it may, the nature of relief, which the petitioner is seeking in the present writ application, in the facts and circumstances of the case, cannot be entertained.
Patna High Court CR. WJC No.448 of 2022(3) dt.23-06-2022 3/3 This writ application is accordingly dismissed. (Chakradhari Sharan Singh, J) (Khatim Reza, J) Pawan/- U T