Kamles Jha v. The State Of Bihar Through Principal Secretary, Deptt. Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 753 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Kamles Jha, Son of Abhinandan Jha, C/o Ma Gayatri Medical Agency Khantar Chowk, Ward no.2, Vetenary Colony, P.S. and District- Saharsa. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna 2.

The Director General of Police, Patna 3.

The Deputy Inspector General of Police, Koshi Division, Saharsa. 4.

The Superintendent of Police, Saharsa.

5.

The S.D.P.O. Sadar Saharsa.

6.

The S.H.O. Saharsa Sadar Police Station, Saharsa. 7.

The Investigating Officer, Sadar Saharsa.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 29-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondents to fairly investigate the case and taken suitable action against the accused persons who are involved in Saharsa Sadar P.S. Case No.145 of 2019 registered under Sections 341, 323, 354B, 379 and 504 read with 34 of the Indian Penal Code.

Patna High Court CR. WJC No. 753 of 2019 dt.29-04-2019 2/2

3. The petitioner is not the informant of the case. The informant is an adult.

4. In view of the provisions prescribed under the Code of Criminal Procedure, a person, who is neither the informant nor an accused has got no locus standi in a criminal case.

5. Since the petitioner has got no locus standi in the matter, the relief prayed for can not be granted.

6. The application is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2019 Transmission Date 30.04.2019