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Patna High CourtCR. WJC/716/2023disposed

Bhola Kumar v. The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.716 of 2023 Arising Out of PS. Case No.-497 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Bhola Kumar S/O Harilal Paswan, Resident of Village- Rampur Kodar (Rampur Kondar), P.S.- Kesariya, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna Bihar 2.

The Director General Of Police, Bihar Patna.

3.

The Superintendent Of Police, East Champaran At Motihari Bihar 4.

The Deputy Superintendent Of Police, Chakiya, East Champaran At Motihari, Bihar 5.

The S.H.O. Kesariya Police Station, District- East Champaran At Motihari, Bihar 6.

The Investigating Officer Of Kesariya P.S. Case No.- 497/2022, Distt. East Champaran At Motihari, Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Respondent/s :

Mr. Dr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== 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 to complete the investigation of Kesariya P.S. Case No. 497 of 2022 dated 07.10.2022 lodged under Section 302/34 of the I.P.C. fairly and impartially forthwith.

Learned counsel for the respondents submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar and others vide order dated 09.09.2022 passed in Cr.W.J.C. No.

Patna High Court CR. WJC No.716 of 2023(2) dt.09-05-2023 2/2 153 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. In this view of the matter, the present Cr. Writ Petition is disposed off 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 and petitioner is directed to file representation before the Superintendent of Police, East Champran at Motihari within four weeks from the date of passing of this order.

The Superintendent of Police, East Champaran at Motihari 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