Patna High CourtCR. MISC./40421/2015disposed

Simpi Kumari And ANR v. The State Of Bihar

2015-10-13Mr. Justice V.N. Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40421 of 2015 Arising out of PS.Case No. -50 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Simpi Kumari, W/o Late Niranjan Kumar,

2. Sushma Devi, W/o Vijay Sao, Both residents of village - Kalupur, P.S. - Paras Bigha, District - Jahanabad, Bihar.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 13-10-2015 From the letter received from Director, Forensic Science Laboratory, Bihar, Patna dated 12.10.2015 (Flag-A) it appears that viscera of the deceased in Parasbigha P.S. Case No. 50/15 dated 23.05.2015 has not yet been sent to the laboratory for its chemical examination, which fact Director has confirmed from Officer-in-Charge, Parasbigha Police Station through his mobile number, also written in the letter. In the circumstances,

Patna High Court Cr.Misc. No.40421 of 2015 (3) dt.13-10-2015 Superintendent of Police, Jehanabad should first take action against the Officer-in-Charge and the Investigating Officer of the case as to why they did not send the viscera of the deceased to Forensic Science Laboratory for its chemical examination to ascertain the cause of death of the deceased and also simultaneously instruct them to send the viscera to the Forensic Science Laboratory for its chemical examination to reach the Forensic Science Laboratory within one week from the date of receipt of a copy of this order in the court below/Superintendent of Police. Director, Forensic Science Laboratory should ensure chemical examination of the viscera of the deceased as early as possible, in any case within two weeks from the date of its receipt.

Until Viscera Report is received, no coercive steps be taken against the petitioners in connection with Parasbigha P.S. Case No. 50 of 2015, provided they surrender in the court below (C.J.M., Jehanabad) within two weeks from today.

Patna High Court Cr.Misc. No.40421 of 2015 (3) dt.13-10-2015 the Viscera Report.

With the aforesaid direction, observation the petition is disposed of.

(V.N. Sinha, J) P.K.P.

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