Md. Fakhar Alam v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.886 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda ====================================================== 1.
Md. Fakhar Alam Son of Mohammad Zafiruddin R/o Mohalla- Kankah, PSLaheri Dist- Nalanda 2.
Reshma Khan Wife of Md. Jaffar Alam R/o Mohalla- Kona Sarai, PSLaheri Dist- Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna Bihar 2.
The Principal Secretary, Home Department, Govt. of Bihar, Patna Bihar 3.
The Director General of Police, Bihar, Patna Bihar 4.
The District Magistrate, Nalanda Bihar 5.
The S.D.O. Nalanda Bihar 6.
The Dy. S.P. Nalanda Sadar Bihar 7.
The Station House Officer, Laheri Police Station, Dist- Nalanda Bihar 8.
Abakar Malik Son of Hasbul Rahman R/o Baignadad, PS- Bihar, DistNalanda 9.
Babar Malik Son of Hasbul Rahman R/o Baignadad, PS- Bihar, DistNalanda 10.
Md. Kashim Malik son of Tallab R/o Baignadad, PS- Bihar, Dist- Nalanda 11.
Md. Parvez Son of Lilauddin R/o Alamganj, PS- Laheri, Dist- Nalanda 12.
Md. Sonu Son of Lilauddin R/o Alamganj, PS- Laheri, Dist- Nalanda 13.
Md. Rashid Son of Sarfuddin R/o Alamganj, PS- Laheri, Dist- Nalanda 14.
Md. Sahbaz Son of Sarfuddin R/o Alamganj, PS- Laheri, Dist- Nalanda 15.
Md. Faisal Son of Sarfuddin R/o Alamganj, PS- Laheri, Dist- Nalanda 16.
Md. Irfan Son of Md. Salimuddin R/o Alamganj, PS- Laheri, Dist- Nalanda ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Kamaluddin, Advocate For the Respondent/s :
Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned AC to AAG-3 for the State.
Patna High Court CR. WJC No.886 of 2023(2) dt.30-10-2023 2/3
2. This writ application has been filed seeking a direction to the official respondents to complete the investigation of Laheri P.S. Case No.570 of 2022 dated 11.11.2022 and Laheri P.S. Case No.423 of 2022 dated 26.08.2022.
3. Learned counsel for the petitioners submits that in both the FIRs though investigation has been entrusted to a police officer but no progress has been made so far. It is alleged that the I.O. of the case is not giving time to the investigation on these cases and in this regard even the representation submitted by the petitioners before the Superintendent of Police, Biharsharif at Nalanda has not paid heed to.
4. Learned AC to AAG-3 for the State submits that, in such circumstance, appropriate directions may be issued to the Superintendent of Police, Biharsharif at Nalanda.
5. Having regard to the submissions noted hereinabove, this Court directs the Superintendent of Police, Biharsharif at Nalanda to review the investigation of the case within two weeks from today and issue appropriate directions to the I.O. as well as to any other supervising authority. The Superintendent of Police, Biharsharif at Nalanda shall ensure that the investigation takes place at the reasonable pace and it is completed within a reasonable period. In case the investigation does not progress, the petitioner will be at liberty to file an application under Section
Patna High Court CR. WJC No.886 of 2023(2) dt.30-10-2023 3/3 156(3) Cr.P.C. in the court of the learned Magistrate within whose jurisdiction the case is pending and if such an application is filed, in view of the observations of the Hon'ble Supreme Court in the case of Sakiri Vasu v. State of U.P. & Ors. reported in (2008) 2 SCC 409, the learned Magistrate shall pass appropriate order and monitor the investigation.
6. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U