Rahul Sribhadra v. The State Of Bihar Through The Director General Of Police, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.812 of 2023 Arising Out of PS. Case No.-6 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rahul Sribhadra, Son of Late Yog Narayan Yadav, Resident of VillageSubhash Nagar, Ward No. 12, P.S.- K. Hat (Sahayak), District- Purnea ... ... Petitioner

Versus

1.

The State of Bihar through the Director General of Police, Patna. 2.

The Inspector General of Police, Purnea 3.

The Superintendent of Police, Purnea 4.

The Officer-In-Charge K. Hat (Sahayak) P.S., Purnea ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned AC to GP-5 for the State.

2. The petitioner in the present case is seeking a direction to the respondent authorities to conduct proper and fair investigation of K.Hat (Sahayak) P.S. Case No. 06 of 2021 dated 04.01.2021 registered under Sections 302, 379/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the investigation of the case is not taking place with appropriate pace and it seems that the Investigating Officer is not interested in the investigation of the case. There is already a delay of about three years in completion of investigation.

4. It is further submitted that in the counter affidavit

Patna High Court CR. WJC No.812 of 2023(2) dt.13-10-2023 2/3 only a vague plea has been taken that further investigation of the case is still going on. Neither the stage of investigation nor the reason for the delay of about three years in completion of investigation have been addressed in the counter affidavit.

5. Mr. Iqbal Asif Niazi, learned AC to GP-5 submits that the supervising authority of the case has directed the Investigating Officer for further investigation of the case and it is going on. As regards the present stage of investigation, learned counsel submits that he may get updated status of investigation if the matter is adjourned.

6. Having heard learned counsel for the petitioner and learned AC to GP-5 for the State and on going through the kind of grievance of the petitioner, instead of adjourning the matter for another date, this Court deems it just and proper to direct the Superintendent of Police, Purnea (Respondent No. 3) to review the progress made in the investigation of the present case so far. This being a case registered under Section 302 of the Indian Penal Code and there being already a delay of about three years in completion of investigation, the respondent no. 3 shall be obliged to personally supervise the case within two weeks from today and monitor the progress in the investigation as also submit a police report within a reasonable period.

Patna High Court CR. WJC No.812 of 2023(2) dt.13-10-2023 3/3

7. If the respondent no. 3 fails to monitor and supervise the investigation of the case and submit a police report within a reasonable period, it will be open to the petitioner to approach this Court.

8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T