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Patna High CourtCR. WJC/773/2023disposed

Pradip Kumar v. The State Of Bihar Through Director General Of Police, Bihar, Patna

2023-05-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.773 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Pradip Kumar Son Of Ramnavmi Prasad, R/O Ward No.7, Kashipur, P.S.- Town, District- Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Director General Of Police, Bihar, Patna 2.

The Deputy Inspector General, Mitihila Zone, Darbhanga, Bihar 3.

The Superintendent Of Police, District- Samastipur, Bihar 4.

The Sub Divisional Police Officer, Samastipur Town, District- Samastipur, Bihar 5.

The Station House Officer, Town Police Station, District- Samastipur, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Respondent/s :

Mr. Manish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Cr. Writ Petition seeking direction from the Court that fair and proper investigation may takes place in connection with Samastipur Town P.S. Case No. 341 of 2022 dated 14.12.2022 lodged under Sections 302, 120B, 201 and 328 of the Indian Penal Code and further direction to transfer the investigation to any other investigation agency including C.B.I or Crime Branch, Crime Investigation Department of State of Bihar.

Learned counsel for the respondents submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar

Patna High Court CR. WJC No.773 of 2023(2) dt.09-05-2023 2/2 and others vide order dated 09.09.2022 passed in Cr.W.J.C. No. 153 of 2017 with analogous cases, a direction was given to the petitioners to represent the entire matter before the Superintendent of Police and the Superintendent of Police was directed to take appropriate action in the said matter upon receiving the representation, within a fixed time period. He submits that the present case is squarely covered with the case of Surendra Singh Vs. State of Bihar and others. In this view of the matter, petitioner is directed to file representation before the Superintendent of Police, Samastipur in the light of order passed in Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases within four weeks from the date of passing of this order. The Superintendent of Police, Samastipur is directed to take necessary steps for completion of fair investigation at the earliest.

With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

(Dr. Anshuman, J.) ravishankar/- U T